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The prosecution may not use statements from a suspect gathered from custodial interrogation, when the arresting authorities did not follow legal procedure to protect against self-incrimination. In other words, police must read a suspect his or her Miranda rights before any statements can be used against the suspect in a court of law.

Most Americans probably could recite the Miranda warnings. That is a good thing. These rights are essential to ensuring that the accused know that they do not have to incriminate themselves. Before questioning of a suspect begins, the accused must be warned that:

  1. He or she has the right to remain silent.
  2. Any statement he or she does make may be used as evidence against him or her.
  3. He or she has a right to consult with an attorney and to have an attorney with him or her during interrogation.
  4. If he or she cannot afford an attorney, one will be appointed at public expense.

I am Chris W. Blaylock, a criminal defense lawyer in Santa Monica. I defend clients in both Los Angeles and Santa Monica. If you have been charged with a crime and you believe that you were not read your rights, do not hesitate to contact my defense firm, the Law Offices of C.W. Blaylock. I can help you with your case by aggressively pursuing all exculpatory evidence that may exist. Call 310-773-3311 or send me an email. Your consultation is free.