Understanding Your Miranda Rights During Police Questioning in Los Angeles
If you’ve been questioned by police during a traffic stop, at work, in a police station, or anywhere else, you may have questions about your Miranda rights. If your rights were violated during police questioning, the Los Angeles criminal defense lawyers at Werksman Jackson & Quinn LLP have got your back. We know how to challenge unconstitutional interrogations and get them thrown out of court.
The important thing to remember during these situations is that you don’t have to answer any questions without a lawyer present to protect your rights. The best thing you can do is ask for a lawyer and don’t say anything until they arrive.
In this guide, we explain how Miranda rights apply during real-world encounters, how courts distinguish custodial vs. non-custodial interrogations, and how to respond if the police want to question you.
What Are Miranda Rights?
Miranda rights stem from the U.S. Supreme Court’s 1966 decision in Miranda v. Arizona, where the court affirmed that individuals must be informed of their rights before undergoing custodial interrogation by law enforcement. If police fail to issue these warnings during a custodial interrogation, any statements made may be inadmissible in court.
A Miranda warning includes:
- The right to remain silent
- That anything said can be used against you
- The right to an attorney
- That an attorney will be provided if you cannot afford one
When Do Miranda Rights Apply in California?
Contrary to what many believe, Miranda rights are not required every time police question someone. They are triggered when two conditions are met:
- You are in custody, and
- You are being interrogated.
This means that if you are not in custody, or if you’re being questioned in a non-accusatory way, Miranda does not apply. In Los Angeles, police often blur the lines between casual encounters and detentions, so it’s important to understand your rights in either setting.
Custodial vs. Non-Custodial Interrogation in California
The legal definition of custody is not the same thing as being under arrest. The important question is whether a reasonable person would feel free to leave under the circumstances in which the interrogation took place.
Judges consider these factors to determine custody:
- Whether you were told you were under arrest or free to leave
- The location of the questioning (e.g., home vs. station)
- The presence of physical restraints or officers blocking exits
- The tone, duration, and style of questioning
- The number of officers present
For example, even if a person is not formally placed under arrest, being questioned in a back room at a police station for hours while their phone is taken away could still be considered custodial interrogation in California.
Common Police Tactics
The LAPD and other law enforcement agencies in LA may approach you in various ways that seem voluntary but are designed to gather incriminating information. Common scenarios include:
- Officers “just want to talk” at your home or workplace
- You are asked to come to the station “just for a few questions”
- You are pulled aside during a traffic stop and asked about unrelated matters
- You are approached at a crime scene and asked to explain what you saw or did
In these situations, police may not read your Miranda rights because they are claiming the interaction is voluntary. But if the tone shifts to become coercive or accusatory and you do not feel free to leave, Miranda may apply, even if you were never formally arrested.
Don’t Agree to a Voluntary Police Interview Without Your Lawyer Present
You should never answer questions for police without a criminal defense attorney present. Officers are trained to use a friendly demeanor to lower your guard, all while gathering statements they can later use against you.
What Happens if Your Miranda Rights Were Violated?
If police interrogated you in custody without reading you your rights, your attorney may be able to file a motion to suppress any statements you made. If the judge agrees that a Miranda violation occurred, the prosecution cannot use your statement as evidence at trial.
If your attorney gets the results of an unlawful police interrogation suppressed, it could:
- Dramatically weaken the prosecution’s case
- Lead to a dismissal or reduction of charges
- Prevent additional charges from being filed
At Werksman Jackson & Quinn LLP, we routinely review interrogation records, body camera footage, and officer reports to identify Miranda violations, and we aggressively fight to keep tainted evidence out of court.
What to Do if You Are Questioned by Police
- Do not volunteer information. Even answering “basic” questions can be used against you.
- Politely decline to speak. Say: “I want to remain silent and speak to an attorney.”
- Do not resist. Exercise your rights calmly.
- Call a lawyer immediately. Your attorney will protect your rights and guide you through the legal process.
How We Protect Our Clients
Werksman Jackson & Quinn LLP has a solid record of prevailing in several high-profile cases involving celebrities, politicians, and business leaders. Our defense team knows how to:
- Challenge custodial designations that were used to avoid Miranda
- File suppression motions under California law
- Expose deceptive LAPD tactics in pretrial hearings
- Represent clients during interviews to prevent constitutional violations
The law is not always on your side, but we are!
Speak With an Experienced Los Angeles Criminal Defense Lawyer Today
If you believe your rights were violated, or if you are facing charges based on statements made during a custodial interrogation in California, you need immediate legal counsel. The sooner a lawyer is involved, the better your chances of suppressing evidence and challenging improper police conduct.
Call Werksman Jackson & Quinn LLP at (213) 688-0460 to learn more today.
Let us evaluate whether your Miranda rights were violated, protect your statements from being used against you, and prepare a powerful defense strategy.
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