Miranda Warnings Are Not Required For Individuals On Probation

The United States and California Constitution requires that a person be advised of their Miranda warnings when they are placed in custody or under arrest by a police officer.  Miranda warnings are helpful to any one that can be charged with a crime to avoid making self incriminating statements.  If the police fail to advise you of your Miranda warnings or violate your Miranda rights, any statements made to the police can be excluded at trial.

Recently, the court of appeal in California decided that Miranda warnings are not required for a person on probation.  If you are on probation, and police officers arrive at your house to conduct a probation search to determine if you’re in possession of drugs or weapons, the police may ask you incriminating questions without first advising you of your Miranda rights.  Later, at the probation revocation hearing, any statements made by you will not be excluded for lack of sufficient Miranda warnings.

If you or a loved one is charged with a probation violation, it is important that you speak with an experienced Southern California criminal defense attorney.  At Wallin & Klarich, our attorneys have over 40 years of experience in handling all types probation violation cases.  Call us today at (888) 280-6839.  We will be there when you call.

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