I WAS ARRESTED DURING THE NIGHT AND WENT TO COURT THE NEXT MORNING FOR AN ARRAIGNMENT....BAIL WAS NOT LOWERED (21000). I THEN GOT OUT OF JAIL ON BOND THAT NIGHT. I HAVE ANOTHER SET COURT DATE IN 4 DAYS. WILL THEM NOT READING MY RIGHTS HELP MY CASE AT ALL???? I WAS APPOINTED A PUBLIC DEFENDER BUT.....I THINK I MIGHT WANT A LAWYER INSTEAD!! WHAT DO I DO????
Military Law Attorney
If they didn't read you Miranda at the proper time, you may have an argument that any statements you made after and evidence they gathered based on your improperly obtained statements may get tossed out. That said, they would still be able to use evidence that was properly obtained.
It is always a good idea to shop around for an attorney you will be satisfied with. Public defenders are often very good lawyers, but may have too many cases to give you the attention you desire. Avvo is a great place to find attorneys in your area.
Andrew Cherkasky of Cherkasky Law, LLC is an Illinois attorney focused on military & criminal defense. The advice given does not form an attorney-client relationship. The advice above is intended to educate on general legal principles and theories and should not be considered state specific advice. Please call anytime, day or night, to discuss further, 703-314-6475.
You have an attorney. It would be unethical for another attorney to advise you. However, if you choose to retain private counsel, you are entitled to do so.
If you find this answer helpful, please let other readers know by marking the answer as "helpful". No discussion on this board is intended to replace the advice or consultation when all facts are disclosed and pleadings reviewed. No attorney client relationship is established by initiating this discussion with the attorney. For further discussion, I can be contacted by phone at 615-452-4423 or my email at Patti@pattibgarner.com. Most consultations are free. My office is located in Gallatin, TN and I am licensed to practice in the state of Tennessee.
Lawsuit / Dispute Attorney
The protections of Miranda v. Arizona apply only to custodial interrogation.
Tell your criminal defense attorney about this, but it does not sound as though Miranda applies.
If it does, a motion to suppress whatever you were interrogated about might be needed.