I was arrested on a misdemeanor prostitution charge last night. (See general discussion for more information.) Never was I read my miranda rights, not once. I have zero understanding of the law, but I thought the Miranda must be read to me even for misdemeanor crimes. Am I wrong? And in case you're wondering, they didn't offer me any sections of the Miranda.
Police don't have to give anyone Miranda warnings. But if they question someone who is in custody without having first given the warning, the prosecution can't use the answers against the defendant in court. (Questioning means more than just asking for name and address. The questions have to be ones which call for incriminating responses.) He also can't use any evidence that was found with the information those answers contained, unless he can prove he would have found it by other means anyway.
If the police didn't question you, then there is no Miranda violation. If they did question you but not about anything that called for an incriminating response, there's still no violation. And even if they tried to get incriminating answers from you but did so at a time when you were not in custody, you're SOL again.
For many crimes the police really don't need to question the suspect. If they have enough evidence to support the charges, there isn't much reason to interrogate anyone.
So, what did the police ask you? And what did you say?
... testimony if you take the stand. But Miranda only applies to statements made when you're in custody, and under interrogation. If the traffic cop sees you run a red light, he doesn't need a statement. If there's a baggie full of blow on your dashboard when he pulls you over, he doesn't need a statement for THAT, either.
Find one with experience in this type of
situation.
I was dumb and asked the bail bond man for a good lawyer referral...didn't know that was illegal then.
I got a lawyer who spent 15 mins with me and took 800. He calls me up 2 months later and tells me to take the pretrial intervention (they give this to everyone who has a clean record) and tells me that I have to pay him more to fight harder.
I have found a lawyer now who talks with me for longer periods of time (went to him for traffic tickets) and he lets me know that he is concerned about my depression (mom died) and has time for me when I ask "dumb questions"
If LE ever brings up my former arrest (never went to trial) I will hire him as he took the time to see me as a person
such great advice what would we do with out you?
I know this should be on the General Board but would likely be lost within all the wonderful postings of support for you. As a couple have offered to be there if you need someone to talk to I would like to offer the same. I know from a different experience so far as charges just how you feel. At the time, for me I did not have anyone to talk to and for lack of anyone else of course my Dad was the one to recieve the call.
If you do want to talk you can email me at [email protected] I will also send you my yahoo messanger and AIM user names so if you need to talk in real time it is there.
Hang in there things will get better.
I read this today, and thought of you:
"... suffering produces perseverance; perseverance, character; and character, hope. And hope does not disappoint us ..."
Don't loose hope. You are still a wonderful person . Maybe now, even a little better.