Call us 24/7 for a free strategy session
877.705.3425
Home » Custodial Interrogation
Custodial Interrogation 2018-04-04T10:11:17+00:00


SERVICE AREAS


DUI DEFENSE

Custodial Interrogation

According to California law, police must advise a suspect of their Miranda Rights prior to beginning any custody interrogation for any charge, including DUI. The arresting officer must inform any arrested individual that:

  1. They have the right to remain silent
  2. Any statements they make can and will be used against them as evidence in court.
  3. They have a right to have a criminal defense attorney present during questioning
  4. If the suspect cannot afford a defense attorney one will be appointed to them at no charge

Police must issue the Miranda Rights to any suspected drunk driver before questioning or interrogating them. A custodial interrogation occurs if a DUI suspect is in custody (not free to leave or deprived of their freedom in any significant way) and is asked incriminating questions by law enforcement. If law enforcement interrogates a suspect while in custody and does not advise the suspect of their Miranda Rights, then all statements will be suppressed and will not be admissible in court.

My Rights Law Group Defense Lawyers

Police are not required to recite your Miranda Rights if you haven’t been placed under arrest. In these pre-arrest instances, you do not have the right to remain silent unless your answers might incriminate you. Likewise, if you begin conversation with police, they do not need to issue your Miranda Rights because they are not questioning you.

The bottom line is this: Your Miranda Rights ONLY apply when you’ve been arrested. After this point you can and should invoke your right to remain silent and your right to speak with our criminal defense lawyers.

Click Here to Call for a No Obligation, FREE Strategy Session

You Only Have 10 Days to Take Action!
(877) 705-3425

Save Your License & Your Rights by Calling Us Now!

  • This field is for validation purposes and should be left unchanged.
AS SEEN ON
Testimonials
Bobby Shamuilian was Hands Down the BEST attorney I have ever dealt with. He is an experienced and knowledgeable attorney, who is HONEST and not in it to try and rip you off for the money. His staff is professional and extremely pleasant. I have saved his number in my contacts and will call him if I am EVER in need of an attorney, I would also recommend him to anybody I know, he is an AMAZING attorney.
Annifred F.
An excellent and professional consultation followed by a successful win of my case.
Dan P.
Thank you Kirk. You guys are top notch. Kept me informed on everything that was going on with my case and I didn’t have to show up in court once. Got my case dismissed, now I can move on. I would recommend this law firm to anyone that wants a fair shake.
James
I had a difficult case that I was trying to fight from outside the state it was turned down twice. Once by the DA, and the second time by the judge, they continued to fight for me, and got the results I was looking for. They really do care about their clients and will not stop fighting till they get you the results you want.
Adrian A.
I couldn’t be happier with the service we received. From the very beginning I could tell that these lawyers knew a lot about DUI cases and throughout our court days they went above and beyond to make sure we were prepared for whatever might come our way. They definitely prepare you for the worst but get you the best. They covered every single base and we got an amazing outcome. I would recommend them any day.
Client
I want to thank Bobby, Kirk, and the entire staff. They recalled my warrant and got my case dismissed in no time. They answered my concerns and took me step by step in the process. I didn’t even have to appear in court. They represented me and took care of my case all the way. Thank you!!!
Suriel A.
I would like to thank Mr. Shamuilian and Mr. Tarman for helping me to get a good result for my case. They are very reliable people that kept things very professional. I recommend them strongly, they will help you tremendously. I was very lucky that I had the opportunity to work with such highly skilled people. You won’t regret hiring them, thanks again.
Bachir
Good attorneys are hard to find! Bobby Shamuilian actually represented me with my best interest at heart. He gave it his all and because of that my case is being dismissed today. This firm is most definitely the best one to have if you need a criminal attorney. God forbid I ever need a criminal defense attorney, I would not even consider anyone else to represent me. Absolutely an amazing attorney!!!!! THANK YOU!!!!
Christine
I had the pleasure of working with Kirk, and his office regarding my DUI case. I was originally charged with 2 felony counts (vehicle codes 23153A & 23153B). Kirk’s office was very professional and was able to negotiate with the District Attorney get my conviction reduced to a 1 count misdemeanor. Throughout the whole ordeal of two court dates, he and staff was available for any of my questions and concerns.
Tobias
Everyone in the office was helpful and professional. There was never a time when I thought they weren’t going to be there when we needed them. Their reputation and professionalism was the primary factor for using this law firm. Boy, were we impressed with all of the work they put into our case. Thank you to everyone in the office for always making us feel like we were your only clients!
Neckole S.
I found myself facing a DUI and scared to death. From the very start of the initial consultation, Attorneys Kirk Tarman and Bobby Shamuilian put me at ease. They handled my DMV Hearing and the court proceeding and truly fought for me. They were always attentive to my phone calls and emails, keeping me informed. They were able to get me a reduced charged so that I do not have a DUI on my record. I am so thankful to have retained them for my case.
Blaine
Got my case dropped from a felony to 2 misdemeanors to having everything dismissed. Justice has been served, nothing more I could ask for! Many thanks Patty, Kirk and Bobby!
Rod R.

CALIFORNIA COURTS WE SERVE

Alhambra, Banning, Bellflower, Burbank, Compton, Downey, East Los Angeles, El Monte, Fullerton, Glendale, Indio, Inglewood, Lancaster, Long Beach, Los Angeles, Murrieta, Newport Beach, Norwalk, Orange, Pasadena, Pomona, Rancho Cucamonga, Riverside, San Bernardino, San Fernando, Santa Ana, Santa Clarita, Torrance, Van Nuys, Victorville, West Covina, Westminster

CALIFORNIA COUNTIES WE SERVE

Los Angeles Co
San Bernardino Co
Riverside County
Orange County