How do i get out of a drunk in public charge in Georgia when the police didnt read me my miranda rights?

Question

i need to know before i got to bed tonight 9-17-07
also the public defender has not returned my calls and i have been calling since my last court date on the fourth

Answer 1

Miranda is not required unless the following criteria are met:

1). You are in custody (i.e. under arrest).
2). And being questioned about a crime.

If either of those two were not done then Miranda is not required. I arrest a lot of people and don't read them Miranda because I don't have to.

So just because you were not Mirandized doesn't mean the charges will be dropped. Besides, lets say you were questioned without Miranda. All that would mean is that the officer would not be allowed to testify to your answers. The officer could still testify to seeing you drunk and in public (and whatever else you were doing that got the officer's attention). Miranda is an aspect of the legal system that everyone seems so confused about.

Answer 2

They don't have to read you your Miranda rights. Good luck with the public defender. They probably have thousands of cases and have no time for you.

Answer 3

First of all, if you were wasted enough to get arrested, they may have read you your rights and you just didn't notice. Second, the warning only applies to evidence or confessions they got from you after the warning should have been read and wasn't. If you didn't make any statements after you allegedly weren't Mirandized, then you can't use it to avoid your punishment. You'll probably only get a fine anyway, so I would pay it and then don't be drunk in public anymore.

Answer 4

Did he read them but you were too stoned to remember???????????
The public defender is a very busy man. He'll get around to calling.

If you want an OJ defense, come up with the juice!

Answer 5

he didn't have to read u them if he did not ask you questions after you were in custody.