Was not read Rights!

prodigy_459

prodigy_459

Bluelighter
Joined
Feb 7, 2006
Messages
28
Location
Bumfuck, (rural) USA
Hello, im in a helluva a situation, i leave out the little details..

im 18 years old, i was caught with several non-narcotic prescription pills and less than 1 gram of marijuana on school campus. the principle called the cops, filled out a report and then handcuffed me walked me through the school while classes were changing and into the police car. i was takin to the police station. they DID NOT read me my rights. they then took me down for questioning, they then read me my right before questioning.

Im only being charged with the marijuana, any help? werent they suppose to read me my rights?
 
You should have asked them if you were being arrested when they took you from school :(
 
well... i was questioned at the school by the arresting officers before i was taken in...

however before recorded interigation i was read them. when i asked how i could get a lawyer i was yelled at the cop pulled the sheet i had to sign away and said ''you want a lawyer, well if you want to get a lawyer then your going streight to jail and we will just forget about this''
 
prodigy_459 said:
well... i was questioned at the school by the arresting officers before i was taken in...
Click to expand...


The question then is whether you had been "taken into custody" before you were questioned.

If the cop said "you're under arrest", you were taken into custody, and they should have Mirandized you before questioning you.

If not, the question is whether circumstances were such that a reasonable person in your situation would have thought he wasn't free to leave. For example, if they had handcuffed you. Or if they put you in a locked room and wouldn't let you out. Then you're "in custody".

If you were in custody, and they didn't Mirandize you, then technically anything you said in response to questioning should be inadmissible as evidence against you.

But beware -- in reality, many judges largely ignore this doctrine. I worked for a judge who once said a guy wasn't "in custody" even though he was handcuffed in the back of a cop car.
 
prodigy_459 said:
well... i was questioned at the school by the arresting officers before i was taken in...
Click to expand...

The problem is, they do not have to read you your writes (I think it depends on location really, over here they do not have to unless they feel the need really). Any information you submit to a cop is voluntary. You do not have to answer anything. I hope you did not fuck up and slip in on thinking the cop is helping you out and is not going to use any of the information you give him against you (what a lie). When I got arrested I did not get read my rights (as far as I know, its not much of a practiced thing.).
 
pin said:
The problem is, they do not have to read you your writes (I think it depends on location really, over here they do not have to unless they feel the need really). Any information you submit to a cop is voluntary. You do not have to answer anything. I hope you did not fuck up and slip in on thinking the cop is helping you out and is not going to use any of the information you give him against you (what a lie). When I got arrested I did not get read my rights (as far as I know, its not much of a practiced thing.).
Click to expand...

Read the above posts. If you're in custody, and they question you, then they have to read you your rights -- otherwise anything you say is supposed to be excluded from evidence. Whether the judge actually excludes the evidence in practice is another point, but that's the law anyway.

If you say something spontaneously -- that is, without being questioned -- THEN that's voluntary and doesn't get excluded. But if they do anything that's designed to elicit an answer from you, the fact that you "voluntary" provide the answer is irrelevant.

PS - I'm a criminal defense atty.
 
ok. one more question.....

i have a metal rod in my leg from a motorcycle accident and a screw in my knee has been giving me problems and im suppose to be seeing about surgery on it this summer. My parents (who are respectable ppl to these small town police) are going to see about me getting sent to rehab instead of jail or bootcamp. I was on probation commited to bootcamp for a possesion charge in january. The princliples and police who busted also agreed that rehab is probly what i need and is best for me. So do you think it will work out? what do you think they will do to me ( keep in mind im dealing with fucking alabama)
 
thanks for the advice.....ive talked to the judge, i am going to make a meeting with the DA and probation officer. I will problly be able to get the Principle who caught me or an arresting officer to speak up on my behalf in court. i also am going to sign up for community service before court. and on top of that a preacher agreed to go speak up for me if i go to meetings with him once a week and do some bible study. he will call this ''rehabilitation''.
 
MahanAtma said:
Read the above posts. If you're in custody, and they question you, then they have to read you your rights -- otherwise anything you say is supposed to be excluded from evidence. Whether the judge actually excludes the evidence in practice is another point, but that's the law anyway.

If you say something spontaneously -- that is, without being questioned -- THEN that's voluntary and doesn't get excluded. But if they do anything that's designed to elicit an answer from you, the fact that you "voluntary" provide the answer is irrelevant.

PS - I'm a criminal defense atty.
Click to expand...
hmm I really do not know what the fuck I was thinking when I wrote that. I guess I was just thinking that they do not read the miranda for questioning until after hes been in custody, dont know why I thought that way. Its awsome that you are a defense attorney so u can help us bluelight criminals =D But I wasnt going to argue my views anyhow because it must have just been something I assumed and decided to write it down at the time.
 
ok, well i went to court wensday.

$100 fine, no probation, and charged as youthfull offender(juevenille)
hahahah! i love it!!! lawyers are worth having after all.
 
Nice, sucks in illinois cuz they like to place us on TASC and drug counceling when possible
 
Doesn't matter, cops lie all the time and unless you got it on tape then its your word against theres and theirs will win out every time.
 
well... i was questioned at the school by the arresting officers before i was taken in...

however before recorded interigation i was read them. when i asked how i could get a lawyer i was yelled at the cop pulled the sheet i had to sign away and said ''you want a lawyer, well if you want to get a lawyer then your going streight to jail and we will just forget about this''
Click to expand...

This is the cops way of bullying you into giving up your rights basicly.. cause thats what your doing when you sign the peice of paper. which their actually trained to do. simply because it requires less paperwork and is alot easier to do then actually "investigate" the crime...
 
Cops do lie all the time. It only matters if you are read your rights before a commissioner,or some other person actually booking you into jail. The street cops don't actually have to read anything. I was arrested and complained about the same thing. I was told that I watch to much TV or talked to too many jailhouse lawyers.
Draco1
 
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