the cop didnt read me my miranda rights the whole time i was in custody.... i had to pay $1000 to get outa jail....
is there any way i can get my charges dropped or my bond money back????
2006-12-09 23:26:07 · 16 answers · asked by naturalherb_101 1 in Politics & Government ➔ Law Enforcement & Police
The more I read these questions and answers that are posed on this system, the more I realize that there are too many idiots out there with computers. Added to the above that many of you post answers to questions and trully have no idea what you are talking about. Offering legal advice without having any idea about the law toehr than what you have seen on Law and Order, CSI, etc, is a spooky way to go through life.
However....
Regarding the bond question. Bond is posted to secure your release from jail. Regardless of the charges and regardless of whether your rights were violated has no impact on your bond. when the case is disposed of, regardless of the method, (guilty, dismissed, acquitted, etc), the money that was posted for bond is returned to the person that put the money up in the first place. That is assuming you don't do something that jeapordizes the bond while you are released.
The accusation that the police officer did not read you your 4th, 5th and 6th amendment rights (Miranda) does not have anything at all to do with the bond. Granted it MAY cause a evidentiary issue down the road that MAY cause the case to be dismissed, it has no direct impact on your bond money. Additonally, police officers are not always required to read your rights to you. They are only required to read your rights to you when you are in what's called a "custodial interrogation". Translation, you liberty must be taken away and the officers are questioning you regarding matters that would tend to incriminate you. Simply asking you your height, weight, etc is not custodial interrogation.
Your question does not state the police officer questioned you. Did he? Or did he just arrest you and put you in the system?
2006-12-10 00:01:20 · answer #1 · answered by word_man7 3 · 0⤊ 1⤋
What did you get arrested for?
If you were questioned without being Mirandized first, then anything you said could be ruled inadmissible as evidence against you.
You will get your bond money back after your trial is adjudicated. bond money is just to make sure that you appear in court.
I'm not 100% sure that an attorney can tie not being Mirandized to due process or not, but that might be the only way to get the charges dropped.
2006-12-09 23:50:27 · answer #2 · answered by Anonymous · 0⤊ 0⤋
NO, they dont have to read you any rights ( miranda) to arrest or hold you in custody. They only have to read you your rights if they question you. And all that can happen if they don't, is that they can't use your answers against you.
So if they have all the evidence they need, they will arrest you, hold you, and then even convict you.
Next the 10000 is bail, and you did not say if you used a bail bondsmen or not. if you used a bondmens, you don't get your money back, if you paid the money driectly to the court, you get it back when you show up for court
2006-12-10 05:39:32 · answer #3 · answered by Anonymous · 0⤊ 0⤋
For an officer to read Mirand Rights, two elements must be met. The two elements are custody and interrogation. Did the officer ask you any questions while you were in custody? Normally when someone is being booked at the station, they are read their rights then and there. More information on your story would help you get a better answer.
2006-12-10 00:53:22 · answer #4 · answered by big_albowski_0 1 · 1⤊ 0⤋
Do you have a witness to the fact that the Officer neglected his duty? If not, have you made a formal complaint about this citing the Officer? if you have not then you will have trouble proving this, of course you never mentioned your innocence or guilt and as to why you were arrested. Plus did you get the chance to have legal representation during your spell in jail.
2006-12-09 23:37:21 · answer #5 · answered by beefypete_quizmaster 2 · 0⤊ 0⤋
Miranda rights only come into play when you have confessed a crime without being told about your right to remain silent. You don't automatically get a free pass if they forget to read you your rights.
2006-12-09 23:36:40 · answer #6 · answered by shroomigator 5 · 0⤊ 0⤋
Since 9/11 all your constitutional protections/rights have been abolished. They do not have to read you the Miranda rights any longer.
2006-12-10 04:09:56 · answer #7 · answered by Anonymous · 0⤊ 1⤋
Well if he didn't read you your miranda right, then yeah you got a law suit. Get a good lawyer though!
2006-12-09 23:35:05 · answer #8 · answered by Anonymous · 0⤊ 0⤋
if you go back to court and they find you not guilty you will might get your money back also you should say something about them not reading your rights
2006-12-10 03:25:23 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Going to be tough fighting that one but get an attorney.
2006-12-09 23:29:56 · answer #10 · answered by peanutbulls 4 · 0⤊ 0⤋