My brother was arrested today and charged with "scheming to defraud". He was arrested at his employers office (where went to pick up a form . He was fired a couple of weeks ago) . His ex-boss stalled him until the police came. They approached him and told him to put his hands behind his back. My brother asked (calmly) the cops what he was arrested for. They did not answer him nor did they read him his rights. They drove him downtown. He was questioned about hitting the "no sale" key on the cash register. They said they have this and that on tape, but refused to show him. He confidently denied the allegations. With that the detective threatened him with more charges and used the scare tactic speech on him, if he didn't confess. They told him to write out a confession and he refused reminding them of his innocence. They were upset when they couldn't get a confession, so they took him to the county jail facilities. They booked him for "squeming to defraud". Help.
2006-11-06 15:03:21 · 8 answers · asked by Vinyard74 2 in Politics & Government ➔ Law & Ethics
First of all tell your brother to exercise his right to remain silent and "shut up" If he didn't touch the register then he didn't touch the register. Its he said against he said. when he was arrested did he have any amounts of currency or credit card receipts from the register on his person? If not then they have no case. Lastly, with even a lame attorney they have to give you access to any video tape, its called "discovery" and you must be able to see it and it must be authenticated. Most lawyers can destroy the authentication process, review entire tape and see if he has his old lady doing he nasty or just boring surveillance footage. You can be arrested for anything, but whether your convicted or not is the thing. If you are acquitted then you sue for false arrest, malicious prosecution, sue the former employer for slander, depending on the circumstances I could think up a lot of things, but you need to make one thing clear and that's that your brother is innocent. As for not being read his Miranda rights, the whole case should be thrown out based on that. The moment the cuffs went on the Miranda rights and reason for arrest need to be stated, Good Luck What state are you in?
2006-11-06 15:35:43 · answer #1 · answered by yellowkayak 4 · 1⤊ 0⤋
First thing to remember is that Miranda right only apply to custodial interrogation. Just because someone doesn't have their rights read when they are arrested, doesn't mean anything. Only when or if the cops start questioning someone do those rights kick in. But from what you said, that sounds like what happened. That's one thing.
As to the "scheme to defraud", there must be some state criminal statute that he is being charged with. The police are required to tell him, or his attorney, specifically what statute they are charging him with no later than his arraignment and bail hearing. Usually, this needs to take place within 48 hours of the arrest.
The advice above to get a lawyer is well taken. If you or he cannot afford one, the court will appoint one. Once you have a lawyer, and once the charges are specified, then a lot more will be clear.
Good luck and tell him to keep quiet until he speaks with an attorney.
2006-11-06 15:30:59 · answer #2 · answered by coragryph 7 · 0⤊ 0⤋
Paulio, you are pretty dumb. How do you know for a fact god exists? You don't. There's a fact for you. Also, atheism doesn't mock god, it disproves him. If god was so loving and tolerable, wouldn't he have time for those that don't choose to believe that which has no proof? And how will he "reveal" himself? No ones ever seen any evidence of him whatsoever, and don't say the bible is evidence, because humans made up that book to keep people from doing bad things, by threatening them with hell if they did bad, and rewarding them with heaven if they did good.
2016-05-22 06:01:03 · answer #3 · answered by Melissa 3 · 0⤊ 0⤋
Get a lawyer immediately and do not talk about his case over the phone, all conversations are recorded when coming from the jail and at jail visits! Only conversations not recorded are with any attorney. Do not deny and do not admit. It can hurt both ways!
2006-11-06 15:23:23 · answer #4 · answered by Autumn 2 · 0⤊ 0⤋
you can't be arrested for anything with no solid evidence. The cops don't need to read you your rights if they don't ask you any questions. If you are arrested you go to the jail facility, it's not a threat. I bet your brother is found guilty.
2006-11-06 15:11:01 · answer #5 · answered by Keith 5 · 0⤊ 0⤋
I'm sure somehow they will find it legal. I picked my husband up after he had left the scene of an accident and was walking down the road. they arrested me for interfering with the pursuit of justice. i didn't know what was going on,i ended up spending 3wks in county. i'd advice get a good lawyer.
2006-11-06 15:34:29 · answer #6 · answered by diana h 1 · 0⤊ 0⤋
He did all the right things. Get him an attorney A.S.A.P. and tell him to remain strong. This could be a long process. When I say A.S.A.P., I mean like tomorrow. He needs someone there for his bail hearing.
Good Luck and Take Care
2006-11-06 15:09:08 · answer #7 · answered by Anonymous · 0⤊ 0⤋
it sound like they messed up already not reading him his rights and it seems like his ex boss is out to get him get a lawer and if or when he gets it trown out sue him of slander
2006-11-06 15:11:57 · answer #8 · answered by FallenFreak 1 · 0⤊ 0⤋