I was waiting in a cell at the court after I had already seen the judge and he had refused to release me on personal recognizance. My bail was set at $500. Later a security guard walks around and goes cell by cell asking people for a name and number so he could make the call for bail for you. I was never taken out f the cell so I could talk on the phone. He was the one who made the call supposedly. I think the person being held should be allowed to talk on the phone instead of some guard because what if he never made the call and pretended he did? My friend said she never received such call and as a result no one knew I was there until I was sent to the jail and was able to call from there. If they would have let me make the call or at least dialed the number in front of me and then put the phone to my ear I could have posted bail right there at the court. Was it unconstitutional or a civil rights violation? I think it was and I am going to sue.
2007-04-10 08:27:39 · 17 answers · asked by AL IS ON VACATION AND HAS NO PIC 5 in Politics & Government ➔ Law Enforcement & Police
It is neither unconstitutional nor a violation of your civil rights.
If you were not able to make your phone call, however, it was a violation of your Miranda rights and you should certainly talk to a lawyer about it.
2007-04-10 08:30:35 · answer #1 · answered by Anonymous · 1⤊ 5⤋
First off, they should have let YOU call the bail bond's man yourself. Because YOU have to choose what person/company you want to get you out. But it sounds like the bailiff called a friend, so that is wrong.
Next, you really are suppose to get a couretesy call to get you out of jail after all your paperwork is done, but it is kind of one of those phrases that everybody believes but there is no real law for it.
I would say not to sue. No one can fight city hall. It would be a losing batter trying to fight them. You have to choose your battles and this would be a loseing battle because you can't beat the government. And, you would just lose money on a lawyer and court costs.
Either way, it is a civil rights violation. I would just report the matter to the chief of police (if it was a city violation) or the sherriff's department (if you were out of the city). That way the bailiff will get what is coming to him from his supervisor.
Good luck in whatever you do.
2007-04-10 15:35:46 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I've read some of your other Yahoo questions. My instinct tells me that the judge should have set bail at $1,000,000.00 cash no 10% and let you rot for a while. Questions like puncturing tires, letting air from tires etc. I would say your very familiar with the criminal justice system and know exactly what your entitled to. NEWSFLASH!!!!!!!Don't get locked up and you'll have nothing to worry about. Be a real man and take it like one, don't look to lay it off on someone else.
2007-04-10 18:56:46 · answer #3 · answered by bcre8iv 3 · 0⤊ 0⤋
Dude, why were you in jail to begin with? Technology does some time fail us and when the guard dialed that number it could have been busy, I'm sure your girl wasn't waiting around for a phone call saying "come bail me out" and if she was then you probably needed to be in the clink a little bit if not longer. I'd throw out your case if I was a judge.
2007-04-10 15:32:35 · answer #4 · answered by Fun2010 4 · 0⤊ 2⤋
you are given a certain lenght of time from which you can make the call, and a reasonable time is usually implied, such as a few hours or even a day, so i don't think you have a case, unless the delay was something like a week. Don't waste your time and money.
2007-04-10 15:33:34 · answer #5 · answered by thesunshineking 2 · 0⤊ 0⤋
Thepenis... clearly has no clue as to what ones "Miranda Rights " are.
Your phone call is not a Miranda Right.
Actually it is a Miranda WARNING. that tells you what rights you have.
...The person in custody must, prior to interrogation, be clearly informed that she or he has the right to remain silent, and that anything she or he says will be used against her or him in court; she or he must be clearly informed that she or he has the right to consult with an attorney and to have that attorney present during interrogation, and that, if she or he is indigent, an attorney will be provided at no cost to represent her or him.
Thats it.
Miranda Warning has NOTHING to do with Phone Calls.
With a name like Thepenis... maybe you should stick to Singles and Dating category rather than law enforcement.
2007-04-10 15:49:06 · answer #6 · answered by CG-23 Sailor 6 · 0⤊ 0⤋
It may be that you are allowed a phone call, but not till you get to the jail.
If thats the case, move on.
A lawyer will know the rules.
2007-04-10 15:35:34 · answer #7 · answered by Nort 6 · 0⤊ 0⤋
The phone by you is not a right. Habeas Corpus is the right to notify someone of your wear abouts (producing the body), by them making the call that right is satisfied.
2007-04-10 15:33:21 · answer #8 · answered by ScooterLibby 3 · 2⤊ 0⤋
What if the security guard dialed the wrong number? Humans do make mistakes. Who the hell knows. You could of even gave him the wrong number my mistake. Either way get over it!!!!!!!!!!!!!!!
2007-04-10 17:58:20 · answer #9 · answered by Beth O 1 · 0⤊ 0⤋
I think you shouldnt waste your money on a lawyer due to the fact you have no grounds for a suit. Its a he said/she said situation and it wont help you out at all just more money you'll waste
2007-04-11 00:24:14 · answer #10 · answered by txpolice_85 2 · 0⤊ 0⤋