Thread: Ask an attorney
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Old 05-10-2005, 11:04 AM   #118 (permalink)
Master_Shake
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Location: Pennsylvania, USA
Axiom_e, please post your jurisdiction. The recourses available to you depend on what state/country you are in.

Quote:
Originally Posted by Axiom_e
Did they do anything wong when they immediately handcuffed and put me in the back of a police car without reading me my right?
Generally speaking:

It is unclear whether they did anything wrong when they immediately handcuffed you without reading your rights. From the facts you describe I don't know if they had probable cause or reasonable suspicion to arrest you. This would depend on your jurisdiction. Associating with known criminals usually isn't enough to justify an arrest, but it differs from state to state.

That they didn't read your rights only matters as to your confession. Any statements you made to the police after arrest but before they informed you of your rights would be inadmissible in nearly every jurisdiction.

Quote:
Originally Posted by Axiom_e
Did I give up my rights when I signed the miranda?
"Signing the miranda" probably means you signed a form waiving your right to speak with an attorney and you agreed to speak with the officers. You may not have been aware of this or been so frightened that you didn't know what else to do, but your fear doesn't matter. As a general rule, you should never waive your right to speak with an attorney or remain silent. The police will promise you all sorts of things and lie to you (yes, cops can lie to you) until you refuse to speak. Nothing you can say at this point can possibly help you. The police are interested in fitting together a puzzle and what kind of piece you are. They have every advantage. No matter how smart or innocent you think you are you will never be better off speaking with the police without an attorney. I cannot stress this enough. When you are a suspect or a "person of interest" the police are not your friend. Your only hope lies in contacting an attorney. If it's a mistake the attorney will help clear it up, if it's not he/she will make sure you understand the situation and your legal rights.

Quote:
Originally Posted by Axiom_e
Can I get an apology? Should I even ask?
As to getting an apology, first you would have to establish that they violated one of your legal rights. Your best chance here is for an illegal arrest not based on probable cause or reasonable suspicion. Jurisdictions differ on whether you can bring such a suit against the government and/or what you can recover. Most likely, even if you live in a state that allows such suits, the cost of suing the police force would be so prohibitive as to make it impossible.

Quote:
Originally Posted by Axiom_e
I don't think I can ever trust police officers again.
As to not trusting cops, I'm not the biggest fan of the police because I see what some of them do firsthand. Whether trusting the police is something you should value in the first place is a question for another thread (Living, politics or philosophy maybe).
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