Santa Paula, CA Criminal Defense Law Firms & Lawyers

Yes, this is legal and can easily happen. I am not certain which part you have the issues with so I will simply talk about Miranda. Miranda warnings are not really for ' your protection'. If you simply listen to the warnings, this is clear. WARNING 1 - You have the right to remain silent - This means that you do not have to say anything; you have no obligation to tell the police your side of the story; in fact, in most cases telling the police your side of the story does not help you. WARNING 2 - Anything you say can and will be used against you - This means that even if you provide your side of the story only the parts that are bad for you (those that can be used against you) will be admissible in court; for example, if you say, "I was in the house but I did not kill anyone;" The prosecution can offer the statement into evidence that you were in the house. WARNING 3 - You have the right to an attorney - this means that you can have an attorney with you during questioning. If the police are telling you that you can have an attorney, why would you think that not having one would be a good idea. And, finally, if the police are even bothering to read you the warnings, that means that they suspect you of committing the crime. Miranda warnings are only necessary when a SUSPECT is in custody and the police plan on questioning them.