An arrest in California sets off a legal process that moves fast. The decisions you make in the first hours after an arrest, including what you say and to whom, can shape how your case unfolds. Knowing what police are legally required to tell you, and what they are not obligated to disclose, is something everyone should be aware of long before they ever need it. Consulting an effective criminal defense attorney from an established criminal defense law firm early in the process can help protect your rights from the start.
The Miranda Warning and What It Requires
Most people have heard the phrase "you have the right to remain silent." That language comes from Miranda v. Arizona, a 1966 U.S. Supreme Court decision that established specific warnings police must give before conducting a custodial interrogation. These warnings are required by the Fifth and Sixth Amendments to the U.S. Constitution.
A complete Miranda warning tells you that you have the right to remain silent, that anything you say can and will be used against you in a court of law, that you have the right to an attorney, and that if you cannot afford an attorney, one will be appointed for you. California law tracks the federal requirements, and many California agencies add a statement that if you decide to answer questions, you may stop at any time.
When Police Are Required to Read You Your Rights
Police are not required to give Miranda warnings every time they speak to someone. The warning is only required before a custodial interrogation, meaning it applies when two conditions are both present: you are in custody, meaning a reasonable person would not feel free to leave, and police are about to question you.
If police arrest you and then ask you nothing, no Miranda warning is required. If they ask questions during a traffic stop where you are free to leave, no Miranda warning is required. The warning becomes required only when custody and questioning happen together. This distinction catches many people off guard.
What Happens If Police Fail to Read Your Rights
If police conduct a custodial interrogation without giving Miranda warnings, the statements you made during that interrogation may be suppressed, meaning excluded from evidence at trial. This is called a Miranda violation. The remedy is not that your case gets dismissed automatically, but that the prosecution may lose the ability to use your own words against you.
Whether a suppression motion succeeds depends on the specific circumstances of the interrogation, the nature of the statements, and how the court evaluates whether you were truly in custody at the time questions were asked. These are fact-specific determinations that require careful legal analysis by an attorney who knows the San Bernardino courts.
Other Things Police Must Tell You at the Time of Arrest
Beyond Miranda, California law requires police to inform you of the grounds for the arrest, meaning why they are taking you into custody, under Penal Code 841. This requirement applies unless you are stopped during the act of committing an offense or are being pursued immediately afterward.
Police must also allow you to make at least three phone calls within three hours of being booked, under California Penal Code 851.5. These calls can go to an attorney, a bail bondsman, or a relative. Preventing you from making these calls is a violation of California law. You also have the right to know the charges against you, which are formally presented at arraignment.
What You Should and Should Not Say After an Arrest in San Bernardino
The safest thing to say when placed under arrest in San Bernardino is that you are invoking your right to remain silent and that you want an attorney. Say those two things clearly. Then stop talking. You do not need to answer questions about where you were, who you were with, or what you were doing. Police are permitted to continue trying to get you to talk after you have invoked your rights. You are not obligated to respond.
Many people believe that staying silent will look bad. It does not. You cannot be penalized at trial for choosing to remain silent. What can hurt your case is making a statement that the prosecution later uses to establish motive, consciousness of guilt, or inconsistencies with other evidence.
Once you have secured legal representation, your attorney will advise you on all communications going forward.
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