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InvisibleKillerPicklez
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You "Law Experts" out there
    #14335537 - 04/22/11 09:29 PM (12 years, 10 months ago)

I have a buddy looking at a pretty serious charge (thank god I wasnt home when the police came). He gave information to the police, confessed to his crime (idiot cant keep his mouth shut) but he was never read his rights. Is that confession or anything he said admissible in court?

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Invisiblerackem
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Re: You "Law Experts" out there [Re: KillerPicklez]
    #14335547 - 04/22/11 09:30 PM (12 years, 10 months ago)

if it was a dui

it doesnt matter if he was read his miranda rights or not.

you may want to cruise over to safety and security and post the full story.

the miranda rights clause has some loopholes


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Offlinetwighead
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Re: You "Law Experts" out there [Re: KillerPicklez]
    #14335551 - 04/22/11 09:31 PM (12 years, 10 months ago)

He's most likely still fucked... most lawyers would vouch that they're not that worried about your 'rights'.


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InvisibleKillerPicklez
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Re: You "Law Experts" out there [Re: rackem]
    #14335555 - 04/22/11 09:32 PM (12 years, 10 months ago)

No, it was criminal trespassing

Basically admitted to picking a lock in order to search a place for his property. the owner confirmed nothing was stolen but still got the trespassing charge.

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Invisiblerackem
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Re: You "Law Experts" out there [Re: KillerPicklez]
    #14335569 - 04/22/11 09:33 PM (12 years, 10 months ago)

in that case sense he opened his mouth the only thing he has left really is to get a lawyer to plea down his charges.

the miranda rights dont really have much warrent if you cry your eyes out, cause you already admitted guilt


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OfflineHeffy
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Re: You "Law Experts" out there [Re: KillerPicklez]
    #14335593 - 04/22/11 09:38 PM (12 years, 10 months ago)

Trespassing is not a serious charge.

In fact it is one of the least serious charges that can be lain against someone.


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InvisibleKillerPicklez
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Re: You "Law Experts" out there [Re: Heffy]
    #14335594 - 04/22/11 09:38 PM (12 years, 10 months ago)

Quote:

Heffy said:
Trespassing is not a serious charge.

In fact it is one of the least serious charges that can be lain against someone.




It's a felony charge. And he has priors i believe. Dont know whether he has a prior trespassing or not though

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Invisible4HO-DMT
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Re: You "Law Experts" out there [Re: rackem]
    #14335725 - 04/22/11 10:15 PM (12 years, 10 months ago)

Quote:

rackem said:
in that case sense he opened his mouth the only thing he has left really is to get a lawyer to plea down his charges.

the miranda rights dont really have much warrent if you cry your eyes out, cause you already admitted guilt




They are called "rights" but they really aren't.  He should have kept his mouth shut.  You and he should watch this it is well worth your time:

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Offlinethelivingfreekshow
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Re: You "Law Experts" out there [Re: KillerPicklez]
    #14335732 - 04/22/11 10:17 PM (12 years, 10 months ago)

Quote:

KillerPicklez said:
No, it was criminal trespassing

Basically admitted to picking a lock in order to search a place for his property. the owner confirmed nothing was stolen but still got the trespassing charge.




you must live in texas.....if its a felony, its a serious misdemeanor here

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InvisibleLe_Canard
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Re: You "Law Experts" out there [Re: KillerPicklez]
    #14335739 - 04/22/11 10:17 PM (12 years, 10 months ago)

Even if it became an issue, the cops would just lie in court and say they Miranda'd your friend.

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InvisibleKillerPicklez
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Re: You "Law Experts" out there [Re: 4HO-DMT]
    #14335750 - 04/22/11 10:19 PM (12 years, 10 months ago)

Right, no way I would ever confess a crime to a cop. But I was just curious in his case because he was never read his rights. I didnt know if he could fight it and have it dropped on that technicality. The law says that all confessions must be obtained in a lawful manner....

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Invisible4HO-DMT
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Re: You "Law Experts" out there [Re: KillerPicklez]
    #14335772 - 04/22/11 10:23 PM (12 years, 10 months ago)

Quote:

KillerPicklez said:
Right, no way I would ever confess a crime to a cop. But I was just curious in his case because he was never read his rights. I didnt know if he could fight it and have it dropped on that technicality. The law says that all confessions must be obtained in a lawful manner....





He could try to go that route, but the cops aren't required to read you the Miranda rights.  Just like, you are not required to say anything to them.

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Invisiblepwnasaurus
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Re: You "Law Experts" out there [Re: 4HO-DMT]
    #14335791 - 04/22/11 10:25 PM (12 years, 10 months ago)

Your friend is a dumbass - shouldn't have opened his mouth.

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InvisiblePrisoner#1
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Re: You "Law Experts" out there [Re: Le_Canard]
    #14335952 - 04/22/11 10:52 PM (12 years, 10 months ago)

Quote:

ToiletDuk said:
Even if it became an issue, the cops would just lie in court and say they Miranda'd your friend.





they cant just lie, in order to have mirandized him they have to read him his
rights from the piece of paper that he has to sign that acknowledges that
he's been read his rights and understands them


KP, your friend is fucked, it's not like everyone on the planet doesnt
already know the phrase "you have the right to remain silent, anything you
say can and will be used against you in a court of law", you cant watch a
movie or TV show that has a cop in it that doesnt have that phrase uttered
and to top it all off, he's an idiot, the confession is admissible miranda
warning or not, he admitted to to a cop a crime that he committed. it's no
different than if he'd admitted it to a stranger who called the cops and
testified against him

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OfflineDosile Kouki
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Re: You "Law Experts" out there [Re: KillerPicklez]
    #14335957 - 04/22/11 10:53 PM (12 years, 10 months ago)

i'm not sure about the whole reading the rights and miranda rights thing in america, but i think its fairly safe to say he's going to be convicted of a DUI if he has been tested and failed, and admitted to it in the interview room. that can all be used as evidence.


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InvisibleKillerPicklez
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Re: You "Law Experts" out there [Re: Dosile Kouki]
    #14336301 - 04/23/11 12:10 AM (12 years, 10 months ago)

Quote:

DosileFlynn said:
i'm not sure about the whole reading the rights and miranda rights thing in america, but i think its fairly safe to say he's going to be convicted of a DUI if he has been tested and failed, and admitted to it in the interview room. that can all be used as evidence.




It has nothing to do with a DUI. The guy picked a lock of a tenants room inside an apartment he is living at. The tenants have stolen several things from him and he wanted them back.

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Invisiblerackem
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Re: You "Law Experts" out there [Re: KillerPicklez]
    #14336317 - 04/23/11 12:14 AM (12 years, 10 months ago)

this america bro..

he should have never told teh cops the truth..


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InvisibleKillerPicklez
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Re: You "Law Experts" out there [Re: rackem]
    #14336378 - 04/23/11 12:26 AM (12 years, 10 months ago)

Right. I mean I have told him all of this now but that doesnt really help that he panicked and told when he did.

I just thought that he might be able to fight his confession based on the fact that he was ever read his rights which is required under the United States Constitution and State law as well.

I guess I need to do some research on what a lawful conviction is for him. He is pretty stupid and uneducated so I try to offer him as much help as I can from my own experiences with

There should be some site out there that outlines what unlawful and lawful confessions are

Sucks, this guy is a good friend of mine, going to feel for him even if he gets the minimum on the charge which is 30 days.

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OfflineDosile Kouki
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Re: You "Law Experts" out there [Re: KillerPicklez]
    #14336542 - 04/23/11 12:54 AM (12 years, 10 months ago)

Quote:

KillerPicklez said:
Quote:

DosileFlynn said:
i'm not sure about the whole reading the rights and miranda rights thing in america, but i think its fairly safe to say he's going to be convicted of a DUI if he has been tested and failed, and admitted to it in the interview room. that can all be used as evidence.




It has nothing to do with a DUI. The guy picked a lock of a tenants room inside an apartment he is living at. The tenants have stolen several things from him and he wanted them back.




forgive my retardedness, i somehow thought i read DUI in the OP.

Well, if he's been caught and admitted to the crime, he's most likely going to be found guilty. Thats not really the issue.


But luckily for him, his lawyer will be able to raise the arguement that he has only committed these crimes in trying to retrieve his own goods, to mitigate and reduce his sentence.

It would be beneficial if he can show that he made all reasonable attempts to contact this person to retrieve his goods, i.e. phone calls, messages, conversation etc. , to no avail, and so he resorted to breaking  in to retrieve his goods.



These circumstances should be able to mitigate the sentence your friend may receive, and it may even be possible for the lawyer to ask for the conviction to be quashed, and only a fine be paid instead. The effect of this is that the police will still have a record of him being charged with breaking and entering, but his public record will record no convictions, for jobs and whatnot.


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InvisibleKillerPicklez
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Re: You "Law Experts" out there [Re: Dosile Kouki]
    #14336693 - 04/23/11 01:26 AM (12 years, 10 months ago)

Thanks for the information. I havent got my chance to do much research for him. I just got out yesterday on an old warrant :facepalm:

I know he is broke so he will be getting a public pretender.

Good point about getting it mitigated since nothing was taken and I was only looking for my property, property that she admitted to at least having 1 of my items to the police (a 150$ benchmade all purpose blade). But cops didnt do anything to her. I thought she should have been charged theft or at least with receiving stolen properties cause I bet it was her bf who stole them from me in the first place. He's one dirty monkey

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