this happened about six months ago and my probation is almost up i just need to know the answer to this ?
2006-06-16 14:47:27 · 16 answers · asked by lilcoltlilcolt 1 in Politics & Government ➔ Law Enforcement & Police
It all depends on the reason a guilty verdict or conviction was entered against you. If the ONLY reason you were found guilty was because of a statement you made after being OFFICIALLY arrested and BEFORE your Miranda was read and explained to you then the Judge would be required to suppress that statement and, barring any other evidence, you would be released. That does not mean that you'll beat the charge though. The authorities can, and if they want you bad enough, will follow up and collect as much independent evidence, rearrest you and try for a conviction. If you were found guilty or convicted by any other means than it does not matter if your Miranda's were read and explained because nothing you said was used against you - it was the things you did.
If you are relying on the lack of the Miranda's to set you free then you should expect not to be freed. At the most it would be a temporary reprieve.
2006-06-16 15:28:38 · answer #1 · answered by iuud2noitall 3 · 2⤊ 2⤋
Years ago, yes this would of been to your advantage, but not in today's era. Miranda rights? What are they? A thing of the past. Sorry my friend. But the girl above has a good point....... Why not just quit stealing from people?
Just a thought as it seems much easier than what your going thru now.
Later
2006-06-16 22:39:28 · answer #2 · answered by Anonymous · 0⤊ 0⤋
no, you do not have to have your miranda rights read when you get arrested. If they question you, as a suspect they have to be read before they can question you, ( of the answers to those questions can not be used, or anything found as a result of that question)
But lets say they found you in the home, or right outside with the TV set, they arrest you, put you in jail, they don't even need to question you, they have the case proven without it.
2006-06-16 22:28:48 · answer #3 · answered by Anonymous · 1⤊ 0⤋
no. You already pled guilty. That is how you got probation. That case is over. Don't violate your probation you will get no retrial after you plead guilty under oath in court.
2006-06-17 01:39:36 · answer #4 · answered by frankie59 4 · 0⤊ 0⤋
No, thief. You can't get off. Stop stealing other people's things and you can get off probation and stay out of jail.
2006-06-17 16:23:34 · answer #5 · answered by gunsandammoatwork 6 · 0⤊ 0⤋
That happened to my grandfather years ago and he got off the violation.
2006-06-16 21:51:58 · answer #6 · answered by furious but whatever 6 · 0⤊ 0⤋
No! You admit to doing the crime. Stop trying to use the system! You did wrong. Admit it! Then do whatever is necessary to be a better person and don't steal from people!
2006-06-16 21:52:29 · answer #7 · answered by just a mom 4 · 0⤊ 0⤋
Finnish your probation and be a good little boy. Don't do the crime unless you can do the time.
2006-06-16 21:51:31 · answer #8 · answered by Anonymous · 0⤊ 0⤋
sounds like it's a bit lat to think of this now, you have been convicted, the chances of getting a conviction over turned is VERY LOW
2006-06-16 21:52:18 · answer #9 · answered by Pobept 6 · 0⤊ 0⤋
no because you will have the hardest time proving that they didnt read them to you. They will just turn around and say that they did.
2006-06-16 21:51:00 · answer #10 · answered by samantha 4 · 0⤊ 0⤋