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PrymaLScReam
Talks To Dolphins



Registered: 02/23/10
Posts: 453
Last seen: 2 years, 6 months
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Miranda Rights question
#14318148 - 04/19/11 03:35 PM (12 years, 9 months ago) |
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Can a notice to appear in court after a charge for a very minor paraphernalia charge (a straw that apparently had trace amounts of cocaine...my first) be invalidated without me having my rights read to me during or after the process of being searched?
I've had a few friends tell me I should call the courthouse sometime soon before my trial and let them know, because this could just get me off the hook right then and there (esp. since I have witnesses with me that could corroborate this). But at the same time, everything I'm finding on the internet says I need to be in a state of "detainment" (where a person feels he is not free to leave) in order for them to be required to read them to me. But I have had them read to me on prior occasions as I was just sitting on a curb outside of my car.
So for anyone well versed, or experienced, in this kind of crap, is it worth calling in before my trial? Or should I just go in on my date and work with the evidence I have that corroborate my story that I had absolutely no knowledge of that thing being in my car?
One of the cops who was at the scene told me this would most likely just get me a little community service, considering my record prior to this, so it's not like I'm going nuts over this whole ordeal. But still, if I could avoid a court date, that would just be fucking awesome.
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aNeway2sayHooray
Cresley Wusher




Registered: 07/07/05
Posts: 7,653
Loc: Orphic Trench
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for miranda rights violation to go anywhere you need to plead not guilty and get a lawyer.
which is a waste since its your first offense. Just plead into drug court or take the misdemeanor.
-------------------- Mad_Larkin said: Death is just a thang.
MrJellineck said: Profits, prophets. That's all you jews think about. sheekle said: life is drugs... and music... and cat...
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Acaterpillar
A little mad...



Registered: 06/09/07
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Loc: Down the rabbit hole
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When I was arrested, I was never read my miranda rights.
I brought this up with my lawyer, and she told me that it is typically irrelevant unless I am being questioned.
-------------------- Aaa...E I O Uuu...A E I O Uuu..A E I O uh Uuu.. *Cough* *Cough* Ooo...U E I O Aaa...U E I Aaa..A E I O Uuuuu... At first sight, The Perfection of Wisdom is bewildering, full of paradox and apparent irrationality.
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aNeway2sayHooray
Cresley Wusher




Registered: 07/07/05
Posts: 7,653
Loc: Orphic Trench
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The only time you have to be read your rights is when you are being questioned. If you are stopped and they find your shit,you dont have to be read your rights.. asking about the straw isnt being questioned.
Just asked my dad who is in law enforcement.
-------------------- Mad_Larkin said: Death is just a thang.
MrJellineck said: Profits, prophets. That's all you jews think about. sheekle said: life is drugs... and music... and cat...
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PrymaLScReam
Talks To Dolphins



Registered: 02/23/10
Posts: 453
Last seen: 2 years, 6 months
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Oh well, guess I'll just have to hope for the best with the evidence I've got to corroborate the story I gave that, to the best of my knowledge, I had absolutely no idea that straw was there (I said I had lent my car out to friends in the past, and had they kept searching, they would have found a few personal documents with a whole gang of different names on them). I mean, I really don't do cocaine regularly. I've tried it a handful of times at parties and never really enjoyed it much (this is said to be a shitty area for it), but I've never done it in my car.
What also makes this whole ordeal a tad sketchy to me is I'd had the same department search my car a few nights prior (I know, I had a shitty week, but that one got me absolutely no charges), and find a pipe (which that time they read me rights before asking me about it) in the same spot where the straw appeared, but never even so much as mention the straw.
And I was never even shown the thing...if that, at all, matters.
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aNeway2sayHooray
Cresley Wusher




Registered: 07/07/05
Posts: 7,653
Loc: Orphic Trench
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No that doesnt matter. From the cops point of view. You used coke and the straw got there between the 2 incidents.
To save money,time and a hefty sentence if found guilty, I advise you plead guilty to the misdemeanor and get it over with. Or plead into drug court if you have that option.
-------------------- Mad_Larkin said: Death is just a thang.
MrJellineck said: Profits, prophets. That's all you jews think about. sheekle said: life is drugs... and music... and cat...
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ifoundwaldo


Registered: 09/28/10
Posts: 8,389
Loc: Denver, CO
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Quote:
Rabidbaboon said: When I was arrested, I was never read my miranda rights.
I brought this up with my lawyer, and she told me that it is typically irrelevant unless I am being questioned.
This. They don't have to read you Miranda rights before or after being searched.
It's only an issue if you're being questioned. And even then, they just have to do the basics. "You don't have to talk to me. You can get a lawyer." And dumbasses still talk to them...
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PrymaLScReam
Talks To Dolphins



Registered: 02/23/10
Posts: 453
Last seen: 2 years, 6 months
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Yeah, I mean, I guess if worst comes to worst I can do that. One of the cops told me this was more than likely just going to be a community service slap on the wrist.
I doubt I can really afford a lawyer, though, so am I supposed to fly solo through this?
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PrymaLScReam
Talks To Dolphins



Registered: 02/23/10
Posts: 453
Last seen: 2 years, 6 months
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It just fucking pisses me off that I spend my whole life from 16-the first few months of my 22nd year on earth recklessly stuffing pills, powders and clouds into my body, but not even 3 weeks after I decide to finally go clean, for the most part, this kind of thing has to happen.
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ifoundwaldo


Registered: 09/28/10
Posts: 8,389
Loc: Denver, CO
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If you cannot afford an attorney, a public defender will be appointed to you by the court.
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Acaterpillar
A little mad...



Registered: 06/09/07
Posts: 18,693
Loc: Down the rabbit hole
Last seen: 3 months, 27 days
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From experience, it seems like judges give harsher sentences to people who use a public attorney. You may get lucky though.
-------------------- Aaa...E I O Uuu...A E I O Uuu..A E I O uh Uuu.. *Cough* *Cough* Ooo...U E I O Aaa...U E I Aaa..A E I O Uuuuu... At first sight, The Perfection of Wisdom is bewildering, full of paradox and apparent irrationality.
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PrymaLScReam
Talks To Dolphins



Registered: 02/23/10
Posts: 453
Last seen: 2 years, 6 months
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Also, should I detox before my court date?
Sorry if these are dumb questions, but like I said...first time. I'm new to all this bullshit.
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ifoundwaldo


Registered: 09/28/10
Posts: 8,389
Loc: Denver, CO
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I wouldn't worry about it. If you do go on something like drug court, they would allow you to piss dirty the first couple of visits. Once you're on drug court though, clean your act up quick. 
Also, with a simple case like this, I don't think the judge will be unfairly harsh on you. Just dress nice for court and look/act respectful. You're a kid who got caught with a straw for fucks' sake.
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aNeway2sayHooray
Cresley Wusher




Registered: 07/07/05
Posts: 7,653
Loc: Orphic Trench
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Quote:
ifoundwaldo said: I wouldn't worry about it. If you do go on something like drug court, they would allow you to piss dirty the first couple of visits. Once you're on drug court though, clean your act up quick. 
Also, with a simple case like this, I don't think the judge will be unfairly harsh on you. Just dress nice for court and look/act respectful. You're a kid who got caught with a straw for fucks' sake.
This is all good advice.
Just plead guilty, or plead into drug court so your record stays clean, take the minor consequences and be on your way. I advise using a public defender,even if you do find a way to pay for your own attorney. The judges and prosecuters usually know all the local defenders/attorneys. So if for some reason you plan to plead not guilty and fight it,make sure you pay an attorney that is from the same district as the court is located. Unfortunately with stuff like this,"who knows who" has a large influence on the outcome/sentencing.
Drug court means you plead guilty but the charge doesnt end up o your record. This is usually only offered/feasible when there is a pending felony, not a misdemeanor paraphernalia charge, but if they offer it,take it to keep your record clean.
But keep in mind drug court means piss testing and usually costs a pretty penny.
Good luck!
-------------------- Mad_Larkin said: Death is just a thang.
MrJellineck said: Profits, prophets. That's all you jews think about. sheekle said: life is drugs... and music... and cat...
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PrymaLScReam
Talks To Dolphins



Registered: 02/23/10
Posts: 453
Last seen: 2 years, 6 months
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Thanks for the advice, everyone. I think I'm just gonna go in there, take my guilty plea, and just go with what they give me. The cops told me it was most likely just gonna be something like 20 hours of community service thrown my way. I could do that.
And as far as being polite and looking presentable, the 3 officers at the scene all told me they felt bad for having to write me up, cause I talked to them about what I was going through and even made two of them laugh a few times. The youngest of the 3 (fresh out of school) even apologized to me as I was leaving because "he could see it in my eyes that I was genuinely trying to be successful." So I know I'm capable of being a charming motherfucker when I need to be. But the third one wanted to meet a quota, so she made me pick one charge to take (it was either this, DUI, or a bunch of seeds they had also found).
It just sucks that this all came as I was finally trying to pick my life back up and move on from all the horrible things I was doing for my habit. I hate myself right now. I stay up all night wanting to cry, or just beat the shit out of myself, but I don't even have the energy for that. And now this bullshit comes my way.
But whatever. Fuck it. Let them get me. When I make it through all this, I know I'm gonna be made of motherfucking steel on the inside.
And one day, when I become a published writer, this country will learn who it tried to fuck with.
Edited by PrymaLScReam (04/19/11 07:05 PM)
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