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sir rowr
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nope. that would be a case of human rights violation |
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Panacea
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You are obviously guilty and meth users are the scum of the earth and lie constantly so I know the police acted professionally and appropriately in all ways while you will lie and do anything and everything to get away with very bad stuff.
A bit of advice. Don't be a retard. Talk to the judge. Be polite. Tell the truth. Accept the sentence. Ask for help getting off drugs and stay off them. The alternative is HARSH punishment. I know that if you had been caught in MY neighborhood, I would be sending letters to the judge, the prosecuter and the cops begging them to give you the maximum sentence and to come down on the meth dealers and meth heads in as hard a manner as possible. |
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Jeffery C
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Your Miranda Rights (Right to remain silent, right to an attorney, etc.) is ONLY if the police question you. If they arrest you without questioning you (other than basic biographic data such as name/date of birth/etc.) they don't need to read your rights to you.
It is up to the district attorney to decide whether to take you to court or let you go. Apparently, they have let you go.
Nothing seems amiss with what you said about the situation.
Remember your car, your responsibility.
By the way, DUMP THE DOPER! would you want a druggie to be the mother of your children? |
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?
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The chance you are telling the truth is slim, therefore I will not indulge you with a real answer. Anyone who has been arrested knows they do not just throw people in jail anymore. The county could go bankrupt over it. |
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UncleRico
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Custody + Interrogation = Miranda
The police don't have to mirandize you unless they're questioning you about a specific arrest or incident. The people who are telling you this isn't a valid arrest are morons who watch too many crime shows. |
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zillenium_00
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Sounds to me the cop got a "2-fer". Like you didn't know your girlfriend was a tweaker? Here is a hint, she doesn't sleep... |
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n4il_p0lish2000
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they dont have to read you your rights anymore and you'll prolly get off so long as you keep your story streight that you didn't know or what ever your story may be your gf on the other hand is screwed. |
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hajgora7
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You demand your telephone call, in a respectful but firm voice, and you get a lawyer.
You had better examine your conscience, and decide if you want to clean up your act now, or take the long and lonely road of an addict. But hey, I wish you G-d's guidance and justice. |
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?
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It was in the car that you had command and control over, that's why you are being charged |
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adams2401
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there are all kinds of clauses in the law that vary from state to state. i would consult an attorney tho they could give you your best answer. although....if I'm not mistaken they dont have to read you your rights if you are not "technically" being arrested and charged with a crime. also i do believe that if they do charge you with possession its valid b/c i remember i was given a m.i.p. (minor in possession) and it was just in the car i was in. they told me it was b/c i was within 50 ft of the alcohol, but once again im not sure what the law is in you state. neways...sorry for your misfortune and i hope you get things worked out. |
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wingedladyk
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Without being charged you can be released. get a lawyer and let him know that you hadnt been read your rights. A lawyer would have a field day with this case. They like the ones where the cops screw up. |
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destine4_69
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In every state it is a law that your rights must be read before you are questioned about incident pertaining to an arrrest.....Miranda v Arizona
In order to be arrested the officer only has to inform you that you are under arrest.... or to detain you...... |
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maccnthabox
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first, you need a lawyer, legaly the cops aren't supposed to take you anywhere without reading your rights, your lawyer can get the charges dropped for their mistake. |
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Lucianna
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In some states you can be held for "suspicion" for up to 72 hours and without any rights being read or charges filed.
As long as the words "Arrested For" didn't come out of the officer's mouth, he doesn't have to read you your rights.
Once they decide to press charges and "place you under arrest", at that point they have to read you your rights.
Because you were in the car with the drugs, that's all they need to know. You could be lying when you say you didn't know about the drugs and since you were the driver, you're supposed to be "in control" of you vehicle and it's passengers.
A hitchhiker in your car with drugs will get you the same treatment, again, because you're supposed to be in control and you could be lying when you say it's a hitchhiker.
If you feel it's unjustifiably, then get a lawyer to defend you. Maybe he can get you off with a lesser charge, if the police decide to actually charge you with anything. |
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musicgurl1
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They have a LEGAL OBLIGATION to read you your rights, etc. This is a big nono on their part. |
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Karen D
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You can not be arrested without being mirandarised. This is illegal imprisonment. |
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gracie
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that is illegal arrest and illegal detention...you may file a case against those police officers who detatined you...that's against human rights..but hey friend "ignorance of the law excuses no one"...so, next time, be aware of your rights and the accompanying limitations... |
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Caoimhsearch
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She can walk out of jail free if they never read her rights! |
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osito
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have you been formally charged or were you just told that they would charge you with possession? in any case the procedure is for them to charge both of you since it was found in your car, and then you go in front of the judge and plead your case. Remember that police officers are only in place to uphold the law and not to be judges. On the part of reading your rights, you will have to seek legal advice on that cause its a matter of whose word will stand up in the courts. |
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moonchild4285
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no from what i know of that they have to tell you with in 48 hours what you are charged with or release you and they are required to give you your Miranda rights for them as well as you |
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kinev2010
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If you were not read your rights, then that will actually make the case null and void, just let whatever lawyer you get know that you were not read your rights.
But if you were read your rights and they found the drugs, they can arrest you too. Does not matter who the drugs belonged to it is your property or you were on the same property that said druggs were found on. |
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