Me and my girlfriend were pulled over last night in my car.She was found with a gram of meth.On her after it was found on her she said it was hers. I was taken out of the car before it was found on her.They then searched the car found nothing else loaded us up in the police trucks took us to the jail house confined us for 3 to 4 hours before telling us what we were being charged with.They still have failed to read us our rights.I don't understand how I can be charged with something I didn't posess.If there is something wrong with this what should I do.
2006-11-19 15:05:26 · 21 answers · asked by patrick6sofine 1 in Politics & Government ➔ Law Enforcement & Police
nope. that would be a case of human rights violation
2006-11-19 15:07:06 · answer #1 · answered by sir rowr 1 · 1⤊ 3⤋
In some states you can be held for "suspicion" for up to 72 hours and without any rights being read or charges filed.
As long as the words "Arrested For" didn't come out of the officer's mouth, he doesn't have to read you your rights.
Once they decide to press charges and "place you under arrest", at that point they have to read you your rights.
Because you were in the car with the drugs, that's all they need to know. You could be lying when you say you didn't know about the drugs and since you were the driver, you're supposed to be "in control" of you vehicle and it's passengers.
A hitchhiker in your car with drugs will get you the same treatment, again, because you're supposed to be in control and you could be lying when you say it's a hitchhiker.
If you feel it's unjustifiably, then get a lawyer to defend you. Maybe he can get you off with a lesser charge, if the police decide to actually charge you with anything.
2006-11-19 22:29:43 · answer #2 · answered by Lucianna 6 · 0⤊ 1⤋
You are obviously guilty and meth users are the scum of the earth and lie constantly so I know the police acted professionally and appropriately in all ways while you will lie and do anything and everything to get away with very bad stuff.
A bit of advice. Don't be a retard. Talk to the judge. Be polite. Tell the truth. Accept the sentence. Ask for help getting off drugs and stay off them. The alternative is HARSH punishment. I know that if you had been caught in MY neighborhood, I would be sending letters to the judge, the prosecuter and the cops begging them to give you the maximum sentence and to come down on the meth dealers and meth heads in as hard a manner as possible.
2006-11-19 15:17:28 · answer #3 · answered by Anonymous · 2⤊ 0⤋
Your Miranda Rights (Right to remain silent, right to an attorney, etc.) is ONLY if the police question you. If they arrest you without questioning you (other than basic biographic data such as name/date of birth/etc.) they don't need to read your rights to you.
It is up to the district attorney to decide whether to take you to court or let you go. Apparently, they have let you go.
Nothing seems amiss with what you said about the situation.
Remember your car, your responsibility.
By the way, DUMP THE DOPER! would you want a druggie to be the mother of your children?
2006-11-19 15:11:03 · answer #4 · answered by Anonymous · 2⤊ 0⤋
there are all kinds of clauses in the law that vary from state to state. i would consult an attorney tho they could give you your best answer. although....if I'm not mistaken they dont have to read you your rights if you are not "technically" being arrested and charged with a crime. also i do believe that if they do charge you with possession its valid b/c i remember i was given a m.i.p. (minor in possession) and it was just in the car i was in. they told me it was b/c i was within 50 ft of the alcohol, but once again im not sure what the law is in you state. neways...sorry for your misfortune and i hope you get things worked out.
2006-11-19 15:17:04 · answer #5 · answered by ? 2 · 0⤊ 0⤋
The chance you are telling the truth is slim, therefore I will not indulge you with a real answer. Anyone who has been arrested knows they do not just throw people in jail anymore. The county could go bankrupt over it.
2006-11-19 15:13:33 · answer #6 · answered by ? 2 · 2⤊ 0⤋
Custody + Interrogation = Miranda
The police don't have to mirandize you unless they're questioning you about a specific arrest or incident. The people who are telling you this isn't a valid arrest are morons who watch too many crime shows.
2006-11-19 21:12:22 · answer #7 · answered by Anonymous · 1⤊ 0⤋
You demand your telephone call, in a respectful but firm voice, and you get a lawyer.
You had better examine your conscience, and decide if you want to clean up your act now, or take the long and lonely road of an addict. But hey, I wish you G-d's guidance and justice.
2006-11-19 15:08:02 · answer #8 · answered by Anonymous · 0⤊ 0⤋
have you been formally charged or were you just told that they would charge you with possession? in any case the procedure is for them to charge both of you since it was found in your car, and then you go in front of the judge and plead your case. Remember that police officers are only in place to uphold the law and not to be judges. On the part of reading your rights, you will have to seek legal advice on that cause its a matter of whose word will stand up in the courts.
2006-11-19 15:20:30 · answer #9 · answered by osito 3 · 0⤊ 2⤋
Without being charged you can be released. get a lawyer and let him know that you hadnt been read your rights. A lawyer would have a field day with this case. They like the ones where the cops screw up.
2006-11-19 15:09:15 · answer #10 · answered by wingedladyk 3 · 0⤊ 1⤋
In every state it is a law that your rights must be read before you are questioned about incident pertaining to an arrrest.....Miranda v Arizona
In order to be arrested the officer only has to inform you that you are under arrest.... or to detain you......
2006-11-19 19:34:10 · answer #11 · answered by destine4_69 4 · 0⤊ 1⤋