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Topic: i Got arested!!! (Read 5939 times) previous topic - next topic

Re: i Got arested!!!

Reply #15
Quote from: CougarCoupe88
. so we go for a ride and end up in a park. to turn around b4 we got lost.  so mind you this is 12 in the morning and it's raining. ?


you better rewind and drum up a reason why you were not able to leave your friend after you discovered you were in a closed park after authorized hours.  This will be the more important for your case ,,, not the  about mud bogging in a grassy park.  It was a tight call for the cop but again,, did you attempt to obey the law after you entered a closed park?

just another set of eyes seeing a different view, prep up your reason but dont ever plead guilty to this.  Once you do,, your done, case closed on you.

 

Re: i Got arested!!!

Reply #16
well he was turning around when he go stuck we were on our way to leave and the reason i didnt leave was bc my car was really far away from where i was and i wasnt gonna walk over 3 miles to my car bc he go stuck . he was only stuck for like a minute at most b4 the cops showed up.
trick flow street heat intake , 24lbs injetors, ported GT-40's (Chip) long tube headers. and a Performance Automatic C4, with a hurst shifter!

Re: i Got arested!!!

Reply #17
it does not matter if they are asking you questions or not they have to read you your rights when they arrest you or bring it up in cort and it will be thrown out because the cop did not do it. it is called the miranda rights for a reason

Re: i Got arested!!!

Reply #18
you should probably call a lawyer.  Most likely it'll be worth a few hundered bucks if he can clear this up for you

Re: i Got arested!!!

Reply #19
Lostbrew .  TRUST me on this one They Do not have to be read on the spot.  Only before questioning commences  IF it commences.  Felony charges of course are a must, but for say a Disorderly Conduct Charge which carries about the same weight as a speeding ticket (a simple violation in NYS) where the conduct MUST BE VIEWED BY THE ARRESTING OFFICER it may not happen.  Example:  People do get arrested and go straight to the hospital for whatever reason.  Let's say some guy runs when the police try to pull him over.  He hits a telephone pole and gets knocked out.  He goes straight to the hospital, but is technically under arrest for reckless endangerment ( a misdemeanor)  Rather than have someone sit on the guy till he wakes up which could be a few hours on a busy Saturday night The supervisor authorizes a desk appearance ticket, it is given to the kids mom who has shown up, no rights were read, and according to law its an arrest.  DA's out here actually prefer that the officer waits and does not ask anything of the defendant right away and wait until the defendant is back at the precinct.  That way defense attorney can not state that their client was not given time to think about what they would say to the police.  I know the above example is what some would see as like a one in a million shot, but it happens more than you think.  Should rights be read if the defendant is awake and coherent ABSOLUTELY.  That does not mean that they have to be read the second the cuffs slap the back of someone's wrist.
-- 05 Mustang GT-Whipplecharged !!
--87 5.0 Trick Flow Heads & Intake - Custom Cam - Many other goodies...3100Lbs...Low12's!

Re: i Got arested!!!

Reply #20
well im getting this number for a lawer from this lady that i work with . to just go and talk with him to see what he can do for us and what he thinks about the situation. I agree I may just be beter off paying the lawer a few bills to clear our names and not have to worry about jobs and such or a record for life over some bull $hit.
trick flow street heat intake , 24lbs injetors, ported GT-40's (Chip) long tube headers. and a Performance Automatic C4, with a hurst shifter!

Re: i Got arested!!!

Reply #21
Paul Flockhart you may think you understand the law but this is the truth found on about.com off of google so everyone can find it. thank you have a nice day

Q. At what point are police required to inform a suspect of their Miranda rights?

A. After a person has officially been taken into custody (detained by police), but before any interrogation takes place, police must inform them of their right to remain silent and to have an attorney present during questioning. A person is considered to be "in custody" anytime they are placed in an environment in which they do not believe they are free to leave.

Q. Can police question a person without reading them their Miranda rights?

A. Yes. The Miranda warnings must be read only before questioning a person who has been taken into custody.

Q. Can police arrest or detain a person without reading them their Miranda rights?

A. Yes, but until the person has been informed of his or her Miranda rights, any statements made by them during interrogation may be ruled inadmissible in court.

Re: i Got arested!!!

Reply #22
I think the law and it's interperetation and little ordinances, etc can vary from state to state, city to city and even from one officer to the next.  About.com is NOT the end-all, be-all when it comes to Law Enforcement. :rolleyes:

EDIT: Screw around in the park after hours and that's what you get.  That's how it is in the eyes of the cop.  Guilty by association.  Besides, don't job apps ask for FELONY convictions and not misdemeanors?

Re: i Got arested!!!

Reply #23
yes all almost all job apications ask if you have been arrest and if you answer yes they ask you to put down what it was for

Re: i Got arested!!!

Reply #24
They ask if you've been arrested or convicted on FELONLY charges, though.

Re: i Got arested!!!

Reply #25
Correct me if i'm wrong but...

1. I do believe Paul mentioned he is a policeman himself...

2.
Quote
Q. Can police arrest or detain a person without reading them their Miranda rights?

A. Yes....


I don't recall the questioning ever beginning...

But anyways, yea, I gotta agree with jcassity and the rest on this one. Do NOT plead guilty and try looking for a loophole, you'll only end up screwing yourself.
1984 Cougar Convertible
1988 Cougar XR-7

Re: i Got arested!!!

Reply #26
C'mon dude, policeman or not, Paul's got NOTHIN' on About.com!  :rolleyes:

Re: i Got arested!!!

Reply #27
..as this thread suddenly becomes unintentionally hilarious..

Re: i Got arested!!!

Reply #28
wow suddenly this thread is full of b-holes like normal and i wonder why i try

Re: i Got arested!!!

Reply #29
Maybe because you took a know-it-all attitude with someone who obviously has personal experience with the subject.  Personal experience holds a LOT more relevence than a goded google search.

Step back to the real topic for a second.  Miranda rights involve questioning and submission of evidence.  Miranda rights are not a loophole so someone can say "oh, I wasn't read my rights so I'm immune!"