top of page

Miranda Violation for Lack of Waiver; Reversed

California v. Avalos Docket: G059107 (Fourth Appellate District), Opinion Date: December 2, 2022. Police arrested 18-year-old high school student Ismael Avalos on a murder charge and questioned him in an interrogation room at a police station. During the interview, a forensic technician removed his shirt, pants, socks, and shoes. The technician gave him a paper gown to wear. After about five hours of questioning by police, Avalos said, “I wanna talk to a lawyer.” After some further dialog, a detective said, “I respect your decision that you wanna talk to a lawyer, but if for some reason you want to change your mind and you wanna talk to me, you can, just ask for me. I don’t care if it’s 2:00, 3:00 in the morning I’ll come back. Okay? Because I care about you getting your story the right way out. Okay?” After spending the night in a holding cell, Avalos told one of the jailers he wanted to speak to the detectives again. Avalos was brought back to the same interrogation room for a second interview, still apparently wearing the same paper gown from the day before. Avalos asked, “Whatever I tell my lawyer, he’s going to tell you the same thing, right?” After waiving his Miranda rights, Avalos admitted shooting the murder victim, stating: “I, I self-defended myself, you know?” Avalos was convicted of murder with a firearm enhancement and a substantive gang crime. On appeal, Avalos contends the trial court erred by admitting the second interview into evidence over his objection. Avalos also argues that due to a recent change in the law, his substantive gang conviction must be reversed. The Court of Appeal concluded after review of the trial court record that Avalos did not make a voluntary, knowing, and intelligent Miranda waiver prior to the second interview. The Court further found the admission of the interview into evidence was not harmless beyond a reasonable doubt. The Attorney General conceded Avalos’ substantive gang conviction should have been reversed and the Court of Appeal agreed. Thus, it reversed the judgment.

Would you like to learn more about how to prepare your loved one for their parole suitability hearing? We can help. Learn about the process and what it takes to obtain a grant of parole from someone who has received one at the first hearing! Email us at, or call us at (213) 572-6227 for more information. #BPH #parolesuitability #rehabilitation #insight #remorse #paroleplans #relapsepreventionplans #remorse #responsibility

21 views0 comments

Recent Posts

See All


bottom of page