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Old 04-05-2008, 12:28 AM   #1 (permalink)
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Default Legal question.

Hey all, had a legal question. I'm sure Krav will know, but I'll ask the general population.

At about 3:00 AM Thursday morning I was arrested. When I was arrested, they told me what I was charged with but didn't real me my Miranda Rights. They didn't read them to me until I was at the station. Is this legal? They questioned me and had me sign a bunch of papers before they read them off? Do you guys think I can get my charges dropped? Any advice is appreciated.
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Old 04-05-2008, 12:35 AM   #2 (permalink)
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When did they tell you you were under arrest? At the same time that they read you the miranda rights or well before?
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Old 04-05-2008, 12:52 AM   #3 (permalink)
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Well, they told me I was under arrest. They then took me to the county police station, where they talked to me and had me sign a few things. After that is when they read me my rights.
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Old 04-05-2008, 12:57 AM   #4 (permalink)
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I am no lawyer, nor do i pretend to know the law, but to my understanding, once they place you under arrest they have to read you your rights and give you the options of obtaining a lawyer, accepting a public defender, or waiving your right to one.

Another question, was it civilian police or military police?
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Old 04-05-2008, 12:58 AM   #5 (permalink)
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lawyer up bro
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Old 04-05-2008, 01:04 AM   #6 (permalink)
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found this:

Also known as the "Miranda Rule, this is the name given to the requirement that police officers, in the U.S.A., must warn suspects upon arrest that they have the right to remain silent, that any statement that they make could be used against them in a court of law, that they have the right to contact a lawyer and that if they cannot afford a lawyer, that one will be provided before any questioning, if so requested.

Failure to issue the Miranda warning results in the information or confessions and the like, so obtained, to not be admissible as evidence in the court.

Miranda warning
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Old 04-05-2008, 02:30 AM   #7 (permalink)
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It was civilian police. I think I might have an argument here so I'm gonna try and call a lawyer next week and hope all goes well.
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Old 04-05-2008, 08:34 AM   #8 (permalink)
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do you mind telling us what you got arrested for?
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Old 04-05-2008, 09:02 AM   #9 (permalink)
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Dui.
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Old 04-05-2008, 09:21 AM   #10 (permalink)
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I'll probably be the odd man out on this and I don't intend to seem harsh but did you not commit a crime? - and more importantly one that could bring harm to others? I guess I hate for people to pick at the law to find a way out of crimes that they committed.

Anyway...not trying to be harsh RR. I just personally have a problem with this.
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Old 04-05-2008, 09:33 AM   #11 (permalink)
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Hopefully its only your first one and you learn from it! I had one 10 years ago and I'm thankful I was caught early in life.

I wouldn't even try to get out of it, take it like a man and learn from it.
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Old 04-05-2008, 10:47 AM   #12 (permalink)
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I understand and respect that. However, not only can I be punished by civilian law, but military law also. That's why I was wondering.
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Old 04-05-2008, 11:04 AM   #13 (permalink)
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Damn, bro. Sorry to hear it. As far as miranda goes, I don't think that it will affect the outcome. They probably had sufficient evidence before you were placed under arrest to get a conviction. You either took a field sobriety test or blew a breathalyzer, right? I would join a group like AA or such just so that I could show the judge that I understood my mistake and was making efforts to improve. Hopefully that would inspire leniency.

That or take the miranda argument to the D.A. and try to plead down the charges. Good luck either way.
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Old 04-05-2008, 11:38 AM   #14 (permalink)
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Damn, they caught you ridin' dirty.
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Old 04-05-2008, 11:48 AM   #15 (permalink)
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Quote:
Originally Posted by Fang View Post
Damn, they caught you ridin' dirty.
He did no such thing!
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