Pacifica, CA Criminal Defense Law Firms & Lawyers

Your Miranda rights are really only relevant if the police are interrogating you and plan on using your answers against you. Failure to read an arrestee his Miranda rights almost never results in charges being dropped. The best that might happen is that your responses to their interrogation may not be admitted as evidence if your case goes to trial.

CAN it be reinstated? Sure. WILL it? The honest answer is that no attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, police reports, testimony, priors history, attitude of the DA and judge, etc. The outcome of the new felony charges is the primary issue, as sentencing for that will include the probation/parole violation or reinstatement at the same time. Of course I can help you can fight the criminal charges and get the best outcome possible. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a dismissal, diversion program, charge reduction, or other decent outcome through plea bargain, or take it to trial if appropriate.

If the police were not called and you were not arrested, there is a good chance that charges will not be filed. However, the store could file a police report at any time up to one year.