The Miranda Rights are not rights by themselves. Therefore, we must look deeper into what they are, as they pertain to when and how they are used. This phrase describes what officers must tell defendants at a certain point in the arrest process. Exactly where that point is, depends on the meaning of “custodial interrogation,” as outlined below.
Instead, the Miranda Rights are a recitation of your basic rights under the Constitution. They include the right to remain silent (which also encompasses the right to refuse to take field sobriety and other tests) and the right to an attorney. If officers do not read your rights at the proper time, the case could be dismissed due to a Miranda Rights violation.
Generally, if officers have a reason to not like what the defendant has to say or the defendant clearly shows an error in proper judgement (ie, drunk), at this point they will make an arrest. If that happens to you in Oroville or Colusa, you probably need the help of Bail Bond Shealy (bail bond near me).
When Must Police Read the Miranda Rights?
“Custodial” means that the person is in custody. That’s not the same thing as being arrested and placed in the back of a squad car. “Interrogation” usually means asking questions. Interrogation could also mean making statements which are designed to elicit a response (e.g. “you were running really fast when I saw you”).
Courts look at a number of factors to determine if the person was in custody and under interrogation at the time s/he made certain statements. These factors include:
- Person asking the questions (e.g. an armed police officer or an unarmed inspector),
- Number of officers present,
- Location (e.g. on the street or at the police station),
- Any use of force, no matter how slight, and
- Length of the questioning.
To evaluate these factors, courts will ask the question, “would reasonable people (of right mind and disposition) believe that they were being questioned and not free to leave”. If the answers are “yes” and “no,” the person was probably under custodial interrogation, even if officers say otherwise. As you can see, due to the complicated nature of interpreting “custody”, a defense attorney can be especially helpful in defending their client where the issue of “Miranda Rights” has been presented in the court.
Why Should I Partner with a Yuba City Bail Bondsman?
If you are arrested, you probably have several ways to get out of jail. But a bail bond is usually your best option.
First, a bond is a lot cheaper than cash bail. The cash bail is usually about $700 for a misdemeanor and $1,500 for a felony. A bail bond with Bail Bond Shealy is often only 7% -9% of the cash bail amount (as per allowed by lowered California bail premium rates).
Second, and perhaps more importantly, your bail bondsman is an excellent resource person. If you have questions about the criminal justice process in Yuba, Sutter, Butte, Colusa and Nevada counties, your Bail Bond Shealy agent will patiently answer them.
If you have been arrested and have questions about your Miranda Rights, be sure to get your defense off to a good start by getting out of jail fast. Call Bail Bond Shealy, we get you out of jail quickly, discreetly, and with a friendly face. Click here for more information on bail and bail bonds . Call us 24/7 at (530) 743-7000
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