How do I deal with this situation with the police?

linda

I recommend that you hire an attorney immediately.

If you can find an attorney with prior experience as a District Attorney that will be your best bet.

An attorney with prior experience as a DA knows about the mistakes that are amde and how to correct them.

ltsamp118

First off police are not REQUIRED, to give Miranda Rights when making a warrant arrest. A warrant arrest is an arrest in which the Judge signed a warrant for his arrest (for not appearing for his court date). when he was arrested for "malicious mischief" he was given (or should have been) a court date when he was released. Now since he has been arrested on the FTA warrant, he should be given a bond and can be released. Once he goes back to court, the process should not take long. He will most likely just receive a fine.

mudpuppie_80

Wow I bet that is really frustrating!! You need to get an attorney hire one or apply for the court appointed one. Basically they will try to get away with what they can so they don't have to look stupid ...but...If you have an attorney all of this stupidity on the part of the officers involved may just irritate the judge into dismissing the case. When the DA screwed up on something in my case the judge dropped it out of irritation - Get an attorney and good luck. I bet they can't hold him any longer than somewhere between 3 - 10 days. Ask the DA he will know.

Diane M

Usually they will hold him overnight and he will have a court appearance today. Then they will set bail so he can be released after it is paid. He will need to take a lawyer to his court date to settle the matter. Its not unusual that people dont get arrested even when there is a warrant. Unless its for something really bad the police dont bother looking for him. If he didnt get served with court papers its probably because they didnt have his correct address. Most of these type of charges get thrown out but you will still have to pay for a lawyer and the court costs.

Deb S

He will probably go to court today & they'll let him out. It isn't a serious charge so I doubt anything will come of it.

llgrah4736

The issue of reading miranda rights to an offender only applies if 1) the person is under arrest and 2) under interrogation. The officers were not interrogating your fiance at the time of his arrest, so they were not required by law to read him his rights. People watch too much tv and don't look at legitimate sources for info...speaking of which, your best bet is to speak to a lawyer.

Freethinker

Lawyer up immediately. Don't try to 'explain' anything to law enforcement, this never helps. Let your lawyer do the talking, waste no time hiring one.

Angel Tears

I would contact a lawyer on his behalf, even if it's just for a free consultation. That way you can get some information for him before he goes to Court.

Typically, you are supposed to be innocent until proven guilty in the USA. Unfortunately people are not always treated that way. If he really didn't do anything it should be cleared up relatively quickly.

Regarding his Miranda Rights and holding. The government is now waiving the 'reading of your rights' rule on the basis that they ASSUME that all citizens understand their rights and therefore they are not obligated to tell you what they are. Unfortunately, they are supposed to be read to you when you are put under arrest. This doesn't necessarily mean when you are taken into custody, but when they decide they are going to keep you. However a case used to be thrown out of Court if your rights were not read to you or not read properly. This is no longer the case. I feel that it is just another way for cops to trap people into getting evidence they need on cases. Confessions and such. Additionally, he will most likely be held until he can go in front of the Judge to state his appearance in whatever charges are being filed against him. This includes a bail hearing, if any, and entering his plea on all counts. He should request a Public Defender (a free or reduced-price Court Appointed lawyer) for these proceedings.

My best to you during this trying time.

JUAN FRAN$$$

You are going to have to get a lawyer. Only other way out is if he holds the Congressional Medal of Honor and is above the law.

junebug

get a lawyer

Slick

Get a lawyer and the Miranda deal is not a deal breaker contrary to popular belief and is only there IF the police question you. But he got a failure to appear and I am sure he will have a court date soon and will be given the opportunity to bond out or get out on a PR bond (doubt that thought since it was a failure to appear)...but find out from the lawyer what your options are and research the statute of limitations in your state for that charge since its been a year.

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tell ypur parents about the situation

I could be wrong

They can hold him up to 72 hrs before they hafta charge him with a crime.

Next a they will serve the charges.

Now due to the failure to appear they may not allow him to bond out.

He could sit there until he goes to court.

Sometimes this could take up too six months or so.

Depending on the county in which hes being held and how fast they due their case's.

Wish him a Merry X-mas

bree

Look up legal aide in your area phone book to get a free or low cost lawyer

PromoGirl

I dont know much about thie Law/how long they can hold him, but i'd say, get a good lawyer and tell him/her EVERYTHING (not reading Miranda rights, etc) thats sounds weird to me.

You need to get a good lawyer.

cheechalini

First, miranda rights dont matter unless they question him, or try to use what he said in court. Secondly, they prolly arrested him on a failure to appear FOR malicious mischeif. Last, they can hold him until the court that issued the warrent says to release him or picks him up. Someone should contact the court where the warrent was issued and find out what the next course of action is.

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