never read my rights.. what to do?

[relic1981]

ok so i got hemmed up on a new charge but was never told i was under arrest or read my rights even though i went to jail before getting released with an ankle brace let. i have intervention tomorrow at 3 and then my preliminary on the 28th. i haven't told any one yet because i havent been able to talk to my attorney.. Help please!! hope is body cam was on.. how do i prove this otherwise?

 

[CoCoSativas]

Was there anyone present at your arrest who can verify tou werent read your rights?

Its enough to have your charges dropped in nort h america...

Edit wow so i guess asking friends is not reliable i didnt know and asked a buddy he said they drop the charges if they dont read that shit. Turns out this is incorrect.

Im not a legal expert ive never been busted. I dont know about this shit lol

 

[Tonygreen]

Miranda rights aren't going to get you off. They most likely have evidence they need to convict you without your testimony so they aren't interested in questioning you further.
They only read you your miranda rights if they intend to interrogate you for evidence to present at trial. They probably already have what they need.

What did they pop ya with homie?

 

[Midwest sticky]

The cop will just lie and say you were read your rights. I hope your charges aren't too serious.

 

[sdd420]

The cop will just lie and say you were read your rights. I hope your charges aren't too serious.

You got that right. Only when body cameras are mandatory will any truth be told.

 

[stoned-trout]

easier said than done...yeehaw..if you weren't questioned then tony is right most likely..only if you said shit would it matter

 

[shishkaboy]

We dont have rights.

 

[stoned-trout]

yes we do,,,,, the right to remain silent.... yeehaw...name id birthdate ect ...nuthin else...if cops don't try an weasel out some info from you they got a stacked deck ...they love idiots that convict themselves basically...last time a cop questioned me ,,he was asking if I had a car nearbye and how I got where I was ..told him none of his business.. after showing id went across street and got in car and drove off....fuckem..got no use for cops..they almost never make a situation better IMHO

 

[mugenbao]

Everyone should already know this shit

Everyone should already know this shit

It is important to note that police are only required to Mirandize a suspect if they intend to interrogate that person under custody. Arrests can occur without the Miranda Warning being given. If the police later decide to interrogate the suspect, the warning must be given at that time. Their vigilance to this rule means less chance of a case being overturned in court due to poor procedure on their part.

The Miranda Warning is not a prerequisite for an arrest or detention. It only ensures that any statements made by the defendant are admissible in court by informing the suspect/defendant that they have a legal right to remain silent in response to interrogation.


.

 

[shishkaboy]

yes we do,,,,, the right to remain silent.... yeehaw...name id birthdate ect ...nuthin else...if cops don't try an weasel out some info from you they got a stacked deck ...they love idiots that convict themselves basically...last time a cop questioned me ,,he was asking if I had a car nearbye and how I got where I was ..told him none of his business.. after showing id went across street and got in car and drove off....fuckem..got no use for cops..they almost never make a situation better IMHO

Yeah man I feel the same way, but that is deffo not my experience with police.

 

[blastfrompast]

if they have enough evidence they won't bother questioning you...

 

[Tonygreen]

If you get arrested don't say anything no matter what. Anything you tell them in your defense will not help you as it will be ruled hearsay if your lawyer even brings it up in court. Anything you say will only be analyzed and used to prove your guilt. Let em go on what they got and give them no extra.

Get a lawyer that will defend you and negotiate the best deal possible, if necessary, at this point. Good luck.

 

[DJXX]

unfortunately if no cams...its your word against his...if there is a cam it will mysteriously disappear ...or wasn't functioning right....lots of money might make it go away...best of luck...DJXX

 

[stoned-trout]

ya the cam mysteriously wasn't on...happens with the sd police all the time...yeehaw

 

[shithawk420]

Lol out of all the times I've been arrested not once has a cop read me my rights.guilty until proven innocent

 

[stoned-trout]

I once told the judge if I am assumed not guilty then let me go for free....yeehaw

 

[mowood3479]

Ya, I agree with the consensus.. If they think theyhave enough for a conviction they won't even bother getting a statement from the "perp" and if u don't give a statement, then a Miranda warning doesn't come into play.

I've been arrested mayb 15 times.. Ive only heard a Miranda warning mayb once or twice...
And really the bottom line is that unless the entire interaction is recorded (and u have a lawyer who requests the recording before they destroy it) the cops will just lie and claim they were by the book hand to God..
I've seen cops perjure themselves on the stand..
Get a good lawyer and good luck.

 

[iTarzan]

They must have locked relic up the next day at 3 when he said he had intervention whatever that is. He hasn't posted since this post.

Hope everything works out relic. It sucks having stuff hanging over your head and worrying about the law coming for you.

Best of luck relic.

 

[Lester Beans]

I wondered that myself. Best of luck to you relic!

 

[stoned-trout]

ya best wishes bro....yeehaw...