Yesterday was the WORST day of my life. I went to the Courthouse to get a background check for myself because I needed it for job purposes. To my surprise...I got arrested!!!!!!!! I have never had any kind of problems with the law, I am a decent citizen, married and with one child, I haven't even get a traffic ticket in my whole life.
The motive for my arrest was that I have a warrant for a check that I wrote in 2005. The weird thing is that I wasn't living in the United States from 2003 to 2006. When I asked them "to whom" and for "how much" was that check, they said that they didn't have any idea, and that they don't have that information and that I will find out next week in court.
Also, when they put the handcuffs in me, they DID NOT READ MY RIGHTS!!!, what should I do now??? My husband paid a bond of $500 and I have court next week. Any advices???
2006-08-25 04:27:11 · 21 answers · asked by Susy 4 in Politics & Government ➔ Law & Ethics
Whatever you do, DO NOT go to court without an attorney. It could cost you more in the long run, than just hiring one now. If you were arrested, they must read you your rights. But, how can you prove they did not? Get an attorney now.
2006-08-25 04:50:18 · answer #1 · answered by skyeblue 5 · 0⤊ 0⤋
They never questioned you, they just arrested you. therefore, miranda does not apply. Your rights weren't violated. The reading of the rights is to ensure that you don't waive a right (like testifying against yourself) without knowing you are waiving it. Being arrested does not violate your rights. They will only have to read you your rights if they are going to question you. Some police will always read the rights at every arrest, but this is just because they want to cover their asses if someone starts questioning the defendant later. Then the fact that they always read the rights is evidence that they read that defendant their rights.
As for the evidence, you should recieve that at your arraingment next week. Clearly, you can't expect the police to carry around the evidence for every warrent just in case they catch that person.
Show up next week, that is the most important thing. Either hire an attorney to represent you or accept the public defender. The state will give you a copy of the evidence then. From there, you may have a better idea of what happened.
2006-08-25 05:43:25 · answer #2 · answered by blah 4 · 0⤊ 0⤋
Being read your rights has very little to do with whether they can arrest you. You were arrested. If they did not read you your rights, you can file a complaint. In addition, anything you said as a result of being arrested, may be suppressed and not allowed at trial. However, it seems that their case against you has nothing to do with any admission or statement made by you, so you have minimal recourse.
Your rights include:
The right to remain silent. Did you admit to anything or say anything? If not, then you can complain, but no harm in this regard.
The right to an attorney. Did you hire an attorney? If you can't afford an attorney, is one being provided to you? (If the charge is not a crime, but a vilation, you may not be entitled to an attorney, but you should hire one anyway.)
The issue is not so much that they did not read you your rights, which they should have done, but what right was compromised as a result of their failure. Whatever right was compromised will result in an appropriately fashioned remedy. (The usual remedy for a failure on the part of the police or prosecutor's office is preclusion or preventing them from offering evidence obtained as a result of that failure.)
As far as the charge is concerned, you are entitled to a copy of the check (and to inspect the original if necessary). You are entitled to the name of the person who is making the charge, iformation about the bank acount that it was written against, what it was for, etc. You may have defenses available, such as forgery by someone else, ID theft, and possibly any defenses relating to the reason the check was written in the first place, such as the product purchased was defective, etc. Finally, you'll want to look at the exact section of the law you are being charged with. Does it require intent or knowledge that there may be insufficient funds?
2006-08-25 04:41:48 · answer #3 · answered by Anonymous · 0⤊ 0⤋
They are supposed to read you your rights when you are arrested. But, good luck proving that they didn't. It will be your word against theirs. If you contact the courthouse they should be able to let you know which check you were arrested for and then you can get a copy of it from the bank it was supposedly written from. I hope this doesn't turn into an identity theft problem. Good luck and I hope everything works out for you.
2006-08-25 04:36:00 · answer #4 · answered by mlc24_1980 3 · 0⤊ 0⤋
In no way were your Miranda rights violated so it doesn't matter that they didn't read your your rights. As for living outside the country, so what. A person can write checks from another country. I hope you and your hubby have more that $500 laying around cause you need a lawyer bad.
2006-08-25 04:38:50 · answer #5 · answered by Anonymous · 0⤊ 0⤋
By appearing in court, you will get back the bond.
I hope it is only mistaken identity and it will be over. As to the check, the DA would have that. The police do not have it. Only the warrant from the DA.
I think the "rights" thing is in criminal cases and drugs.
Good luck.
2006-08-25 04:40:53 · answer #6 · answered by ed 7 · 0⤊ 0⤋
No, they don't have to read you your rights, per the Supreme Court. And if you're American, I bet you've probably heard the Miranda warning dozens upon dozens of times, on TV and in the movies. Now, if your rights were violated, it might be an issue, but it doesn't sound like they were.
Sorry about that. Good luck with your case.
2006-08-25 04:45:26 · answer #7 · answered by Anonymous · 0⤊ 0⤋
1. Get a lawyer! This is most likely a case of mistaken identity or identity theft. A lawyer can sort that out probably before your court date and get the whole thing dismissed.
2. A rights advisement is ONLY needed if they question you. If they don't interrogate you, no advisement of rights is needed.
2006-08-25 05:24:55 · answer #8 · answered by Bostonian In MO 7 · 0⤊ 0⤋
Yes...check out Miranda v Arizona....it is a Supreme Court decision, thus it applies to the entire country. I'd consult with a lawyer, because your arrest is most likely not valid.
2006-08-25 04:56:20 · answer #9 · answered by loubean 5 · 0⤊ 0⤋
When u get arrested the police are supposed to read you the miranda rights... If they didnt you should have never been held in a cell to begin with...
There are ways for you to fight it.... Consulting with an attorney would be your best bet.
2006-08-25 04:33:28 · answer #10 · answered by Anonymous · 0⤊ 0⤋