i got arrested and the cops didnt read me my rights until we got to the police station what can i do? This is what is says on the police report POSSESSION OF COCAINE 15 GRAMS TO 100 GRAMS. I AM INNOCENT..WHAT CAN I DO?
2006-09-16 16:39:55 · 15 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
they did ask me whos cocaine it is, and i said its not mine..is that being questioned?
2006-09-16 16:57:47 · update #1
They were gonna make my bond $100,000, but since i got a clean record it was only $10,000, i did have a lawyer for the bond hearingm but its gonna cost me at least $8,000 for the lawyer
2006-09-16 17:55:32 · update #2
OMG that is a serious felony charge. You need a lawyer ASAP to take care of pre-trial hearings or you can be looking at some serious consequenses. I'm not sure if thats trafficking or sale but either way the prosecutor is going to prosecute the case hard because its over 15 grams good luck
2006-09-16 17:47:28 · answer #1 · answered by jwurm99 3 · 1⤊ 1⤋
I'll just chime in here to reinforce that the answers from coragryph, fr_chuch, and dh1977 are all correct.
The police are not required to read you your rights immediately upon arresting you. In fact, there are situations where you can be arrested, put in jail, bonded out, go to court, plead not guilty, have a trial by jury, be found guilty, and get sent to prison without ever once being read the Miranda Warning.
If the police arrest you and never question you about the crime you are being arrested for, they don't have to read you your rights. They only have to read them to you if they intend to question you about the crime. (Personal info like name, DOB, address, do not count).
And if you are being charged with Possession of Cocaine, that probably means the officers found the cocaine on you or in your car. If the did, then that would be pretty good evidence of possession. In that case, no need to question you, so no need to read you your rights. But since they read them to you at the station, they probably didn't question you until after they read them, if they questioned you at all.
If you are innocent, you need to get a lawyer. Hell, if you're guilty, you should probably get a lawyer, too. But that's just because of the jail time you're facing, not because of anything to do with when your rights were read to you.
2006-09-16 16:54:50 · answer #2 · answered by RJ 4 · 3⤊ 0⤋
Under the law they are required to read you your Miranda rights prior to interview/ interrogation... NOT at the time of your arrest.
The Miranda rule was developed to protect the individual's Fifth Amendment right against self-incrimination. The Miranda warning ensures that people in custody realize they do not have to talk to the police and that they have the right to the presence of an attorney.
If they caught you with cocaine on your person or in your vehicle... no need to question you !!
2006-09-16 16:50:02 · answer #3 · answered by mariner31 7 · 1⤊ 0⤋
Nothing. There is no requirement that the cops read you any rights during an arrest. Your attorney will be able to confirm this.
The famous Miranda warnings only apply if the police are going to question you after being arrested, what's called "custodial interrogation". They can arrest you, and not question you until your arraignment, with no penalty.
Only if they question you, or have any conversation related to your case, does the issue of Miranda warnings and waivers kick in. And even then, the only remedy is that anything you say cannot use used against you in court. That's called the Exclusionary Rule.
2006-09-16 16:43:21 · answer #4 · answered by coragryph 7 · 6⤊ 1⤋
Coragryph is correct. They do not have to read you your rights, unless they are going to question you and use your statements in court.
You state your innocent but they found Cocaine in your vehicle? If you were the driver of the vehicle your are responsible for the contents of the vehicle, hire a good lawyer. Ask Coragryph
what he's doing next month!
2006-09-16 16:47:50 · answer #5 · answered by mark g 6 · 1⤊ 1⤋
You've already been given the answer to this. They do not need to read your rights unless they are going to question you. You can be arrested and not have your rights read to you. Your initial question says that they didn't read you your rights, then says in the details that they did at the Police Station. Obviously they didn't decide to question you until you arrived at the station. THIS IS PERFECTLY LEGAL. As I wrote last time, don't use tv as your base of knowledge of the law.
2006-09-16 16:45:18 · answer #6 · answered by dh1977 7 · 1⤊ 0⤋
It is my understanding that the officers must read you your Miranda Rights at the time of the actual arrest. If they didn't, then a lawyer will get the charges dismissed because anything obtained during questioning of you after your "arrest" is considered "fruit from the poisonous tree" or benefiting from an illegal interrigation.
I saw that coragryph had posted an answer. You will want to read that one - since he is a lawyer and all. I am thinking he will have the answer you need.
2006-09-16 18:04:10 · answer #7 · answered by volleyballchick (cowards block) 7 · 0⤊ 3⤋
Nothing, you have been watching too much TV, You don't have to have your rights read to you untill you are questioned.
So it is commom practice and legal to merely arrest you and bring you to the station for questioning.
But if they don't need to question you, they don't even have to read you your rights..
so this is no issue at all.
2006-09-16 16:45:06 · answer #8 · answered by Anonymous · 3⤊ 0⤋
The fact that they read you them at all renders anything you can do useless and if they took you down to the station your more than likley guilty. Unless they framed you and I highly doubt that happend
2006-09-16 16:46:21 · answer #9 · answered by trl_666 4 · 0⤊ 0⤋
Get a lawyer because maybe nothing...they might have changed the law
2006-09-16 16:46:41 · answer #10 · answered by Reba K 6 · 0⤊ 3⤋