What are your rights when you are arrested for a Torrance burglary?
If you are arrested for a burglary like these two suspects in a north Torrance neighborhood, there can be serious consequences. Exactly what rights do you have when you are initially arrested?
First off, while police are not legally required to read your rights, they cannot use anything you say as evidence against you if they do not read your rights, provided that you are not in police custody. That being said, if the police neglect to read you your rights, you will not get dismissed from your crime altogether, as some people incorrectly believe.
What exactly are these rights, also known as the Miranda warning? A formal Miranda warning can involve a variation of the following statements:
- You have the right to remain silent and refuse to answer questions. Do you understand?
- Anything you do say may be used against you in a court of law. Do you understand?
- You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. Do you understand?
- If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. Do you understand?
- If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. Do you understand?
- Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?
It is important to note that basic questions such as name, Social Security number, and address do not need a Miranda warning to remain admissible in the court of law.
Have you or someone you know been arrested for burglary? Contact The Law Offices of Robert Ernenwein to obtain a completely free consultation with one of our experienced Torrance criminal defense attorneys.
Robert Ernenwein, an expert and experienced Los Angeles criminal defense lawyer, has over 30 years of experience defending persons accused of Burglary. Mr. Ernenwein is a former Los Angeles Deputy District Attorneys and is Certified as a Criminal Law Specialist by the California State Bar Board of Legal Specialization. He has been named as a “Super Lawyer” by Los Angeles Magazine and has appeared as a legal analyst on multiple cable news programs, including Fox News. The experience and capabilities Robert Ernenwein will bring to your Burglary Defense are unmatched.