i was read my miranda rights before getting arrested at my school. when they trasfered me to the lynnowwd police department i was seperatly questioned for another crime that they thought i commited i am also a minor. when the two snohomish county invesigators questioned me i was not read my rights by them and i also did not have a parent present when questioned is there any way the statments i gave not usable in court? im in a bind and im innocent of the crimes they accused me of. please if anyone could help me it would be very helpful....
2007-12-04 07:56:33 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
the miranda rights are only required when being arrested for a crime. they only questioned you, as you stated, therefore they are not obligated to miranda you. but the statements you did claim cannot be used against you regardless.
2007-12-04 08:07:59 · answer #1 · answered by azuredreamz 5 · 0⤊ 0⤋
This is not the place to be getting legal advice, you need to contact a criminal lawyer in your city and tell him/her the whole story. Your statements may be able to be used in court and they may not. This is for a judge to decide and a lawyer to argue on your behalf. Don't listen to these people thatsay they absolutly cannot be used. These type of arguments are VERY fact specific and Very complex matters of Constitutional laws. They require a lawyer. Go get one, and for god sake don't make any more statements to the police without a lawyer present with you.
2007-12-04 08:25:56 · answer #2 · answered by Angie W 1 · 0⤊ 0⤋
The fact is, by law, if you are a minor, a parent/guardian CAN be present if you insist. You are also entitled to an attorney provided by the state if you cannot afford your own. I suggest talking to a lawyer.
2007-12-04 08:03:06 · answer #3 · answered by Anonymous · 1⤊ 0⤋
if you are ain a bind, then you need a lawyer to answer these questions for you.
there3 are zillions of them in your county, all listed in the yellow pages. many offer a free consultation.
start dialing and hire one :)
2007-12-04 08:14:46 · answer #4 · answered by Barry C 7 · 0⤊ 0⤋
anything you said can not be used in court, if you had asked for a parent or lawyer the cops would have had to stop questioning you immediately
good luck
2007-12-04 08:02:06 · answer #5 · answered by zzz311 3 · 0⤊ 0⤋
To my understanding, you only have to be read your rights at the time of arrest. If you wanted the statements to be inadmissible, why did you make them?
2007-12-04 08:07:59 · answer #6 · answered by DOOM 7 · 0⤊ 0⤋
You didn't have your parents present: YOU CANNOT EVEN BE READ YOUR RIGHTS, NOR CAN YOU CONSENT TO WAIVE THEM. CONTACT A LAWYER, YOUR STATEMENT IS NULL AND VOID. IN THE FUTURE, NEVER GIVE A STATEMENT, NEVER HELP THE POLICE BUILD A CASE AGAINST YOU. IT IS YOUR FIFTH AMENDMENT RIGHT.
2007-12-04 08:07:54 · answer #7 · answered by Anonymous · 0⤊ 2⤋