I was arrested earlier this year for an accidental incident. The charges were no-filed 2 weeks later and the case is over. However, I was on a 6 month probation which is now a VOP case. I am hoping that it drops also, however, the language in the arrest report makes it sound worse than it actually is because of a statement that the arrest report says I made.
At that time, I was being interrogated and deprived of my freedom to walk away. An officer was asked to keep me in my location while the others parties were interviewed. It was at this time during my detainment that the reports describes my alleged statement. It then states that "after Miranda", the suspect made a new statement and compares them which just looks terrible. Can the arrest report be modified or suppressed?
The statements were in response to questions while I was detained. The context of the statements as well as the wording were written in a way that it makes it look like I changed a statement. The report clearly states the statement, then states "after Miranda" and says I made a new statement to a different officer. The entire ordeal was innocent and was dropped but now I have to deal with the way the report was written. The pre-Miranda statement, while detained, can be used?
Criminal Defense Attorney
Talk to your lawyer about a motion to suppress statements. If you were "in custody" and being questioned by the police then you must be advised of your Miranda rights and waive those rights before the statement can be introduced in court.
Yes statements made prior to Miranda being given can be used for probable cause. A law enforcement officer has the discretion to put whatever he deems appropriate in an arrest report. If you were detained the statements you made prior to Miranda could not be used against you at trial but in a VOP hearing the rules of evidence are relaxed. The best thing you can do at this point is make an appointment with an attorney to assist you with this matter. I wish you the best of luck.
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Criminal Defense Attorney
I need more facts to properly advise you, but if you were being detained, and this becomes a miranda issue, then the admissability of the statement will turn on whether the detention was legal, and secondly, whether your statement was in response to a direct question from law enforcement, or if you made a spontaneous statement. You are in danger of incarceration because of the VOP, so I highly recommend you hire an experenced criminal defense attorney. Good luck.