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Bird & Van Dyke, Inc. - A Professional Law Corporation

Local Attorneys, Local Representation

Free Initial Consultation

Stockton 209-390-8877

PLEASE NOTE: To protect your safety in response to the threats of COVID-19, we are offering our clients the ability to meet with us in person, via telephone or through video conferencing. Please call our office to discuss your options.

Bird & Van Dyke, Inc. - A Professional Law Corporation
STOCKTON
TRACY
Contact us for a
Free Initial Consultation

PLEASE NOTE: To protect your safety in response to the threats of COVID-19, we are offering our clients the ability to meet with us in person, via telephone or through video conferencing. Please call our office to discuss your options.

Local Attorneys, Local Representation

We help clients throughout Northern California overcome their legal challenges and move forward with their lives.

A Former Prosecutor Working For You.

Our inside knowledge gives clients the edge they need to defend themselves against criminal charges.

Get Compensation After An Accident

At Bird & Van Dyke, we help clients put the pieces back together after being injured in an accident.

Meet Our Legal Team

Contact us at 209-390-8877 to schedule a free consultation.

LOCAL ATTORNEYS, LOCAL REPRESENTATION
LOCAL ATTORNEYS, LOCAL REPRESENTATION

You have certain rights granted by amendments to the constitution that protect you if you get arrested for a crime. You may already be familiar with the Miranda warning that law enforcement recites to those that they arrest. According to Cornell Law School, the Miranda warning must clearly state that suspects have “the right to remain silent, the right to consult with an attorney and have the attorney present during questioning, and the right to have an attorney appointed if indigent.”

In every state, including California, law enforcement must recite the full Miranda warning to suspects before questioning.

Why you should know your Miranda rights

It is important to understand your Miranda rights because anything that you say or do when you interact with law enforcement might be admissible in court. As outlined in an article from TeenVogue, law enforcement does not have to inform you of your Miranda rights until you have been officially arrested and taken into custody, so knowing your Miranda rights beforehand can help you avoid saying anything incriminating.

What those rights actually mean

The right to remain silent means that you do not have to speak to law enforcement. Staying silent does not mean that you are admitting guilt. Although you do have a right to an attorney, you have to be the one to request your attorney. Do not expect law enforcement to contact your attorney or provide you with one without your asking. Be aware that you may need to invoke your Miranda rights multiple times during detention with law enforcement. Your constitutional rights do not change, no matter how long law enforcement detains you.