QUESTION

Can I still go to jail if I was found with drugs on my car but I was never read my rights?

Asked on Jan 06th, 2017 on Criminal Law - California
More details to this question:
The police did not stop me. My car broke down and he searched my car until he got to the drugs. I had a minor on board but I never knew there were drugs on this car. It was not my car. The officer never read my Miranda rights.
Report Abuse

3 ANSWERS

Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
Update Your Profile
Although an officer should read you your Miranda rights when you are arrested, it is not absolutely necessary as long as you are not questioned about the crime for which you were arrested and/or were detained during the questioning. Miranda only acts to suppress any statements you gave the police after you are arrested or detained. It does not invalidate an arrest. However, there may be search and seizure issues. Did you give the officer permission to search your car? If not, and depending on where the drugs were found, this may be an illegal search. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest. (S)he would then be in a better position to analyze your case and advise you of your options. If you cannot afford an attorney, ask the judge to appoint the public defender's office to represent you. Under no circumstances should you talk to the police or anyone else about your situation without an attorney present.
Answered on Mar 06th, 2017 at 5:23 AM

Report Abuse
Miranda only has to be read if there is post-arrest interrogation. Most cops are trained to get everything they need out of your mouth ?prior? to cuffing you, so Miranda rarely applies. Time to shop for a lawyer.
Answered on Mar 06th, 2017 at 5:23 AM

Report Abuse
Criminal Law Attorney serving Los Angeles, CA at Law Office of Edward J. Blum
Update Your Profile
Did you consent to the search? Miranda only applies to what you say, not what you're hiding.
Answered on Mar 03rd, 2017 at 5:38 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters