How can I keep my license?
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How can I keep my license?
I wasn’t read my rights until I got to the police station.
Asked on February 5, 2019 under Criminal Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
The Miranda warning need only be given if you are taken into custody and then questioned. Questioning before arrest is permitted; questioning after arrest, is typically unlawful, however asking questions relating to your booking is permitted (e.g. name, address, bithdate) as those type questions do not implicate your Miranda rights.
Here are links to articles that will explain further:
https://criminal-law.freeadvice.com/criminal-law/juvenile_law/no_miranda_rights.htm
https://criminal-law.freeadvice.com/criminal-law/arrests_and_searches/no-rights-case-dismissed.htm
https://criminal-law.freeadvice.com/criminal-law/drunk_driving/miranda_warning.htm
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