California Drug Crimes Legal Questions

Usually, when a person states, “I was not read my rights!” they are referring to their Miranda Warnings/Rights. Miranda Warnings protect people from being compelled in any criminal case to be a witness against themselves. The Miranda Warnings/Rights are: (1) You have the right to remain silent; (2) Anything you say can and will be used against you in court; (3) You have the right to consult with an attorney and have an attorney present during questioning; and (4) If you cannot afford an attorney, one will be provided to you before questioning at no cost to you. However, many people misunderstand when a peace officer is required to give them Miranda Warnings. A suspect is only accorded Miranda protections during a custodial interrogation. Both elements (i.e., custody and interrogation) must be present before the peace officer is required to give Miranda Warnings. That means peace officers are not required to give Miranda Warnings when they are still in the investigatory stage. For instance, a peace officer is not required to give Miranda Warnings when he asks a person suspected of driving under the influence if they have been drinking or asks them to conduct field sobriety tests. This is because the peace officer is still trying to ascertain whether a crime has been committed (i.e., The Investigatory Stage). That said, in Utah, a person is in custody when an individual’s freedom of action is curtailed to a degree associated with a formal arrest. The inquiry is objective, and a person may understand himself to be in custody based either on physical evidence or on the nature of the peace officer’s instructions and questions. Utah Courts have set out a five-factor test to determine when a person is in custody for the purpose of Miranda protections. They are: (1) the site of the interrogation; (2) whether the investigation focused on the accused; (3) whether the objective indicia of arrest were present; (4) the length and form of the interrogation; and (5) whether the accused came to the place of interrogation freely and willingly. In Utah, after it has been determined that the accused was in custody, the court must decide whether the accused incriminating statement was the product of interrogation. Interrogation is either express questioning by the peace officers or its functional equivalent. And, it incorporates any words or actions on the part of the peace officers that they should have known were reasonably likely to elicit an incriminating response.... Read More

If you are on probation it is within a judge's discretion to allow you to use medical marijuana.  There is a difference between formal and summary probation - on summary or informal probation, you do not have to check in with a probation officer. However, you most likely signed a form that included a 4th waiver, which means the police can perform searches without a warrant.   Keep in mind, if the amount you possess is less than an ounce, it is an infraction that comes with a fine not to exceed, but will most likely be, $100. California Health & Safety Code Section 11357(b).... Read More