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Was arrested and then read Miranda rights fifteen some miles from the scene of the crime while I was being booked into pd.

Graham, NC |

Got into an argument with an employee at a general store , which I had been going to the store for years without any problem . Girl locks the doors to the store on the door to m while trying to enter asking " are you going to show your ass " because previously I spun the tires in my truck at the same intersection . After her letting me into the store while leaving I said " you shouldn't take your job too seriously " at which point one of her friends or someone instigated an argument holding me up at the store . At which point the police arrive , search my vehicle without consent , I didn't give consent . They found 2 1 milligram Klondikes , an open con

Attorney Answers 3

Posted

You can get a free consultation with most attorneys that engage in the practice of criminal law. I would refrain from providing further details on here as doing so may result in you losing your right to be free from compulsory self-incrimination.

Unfortunately, your question is incomplete, and the details about which you are concerned seem likely to be part of the missing text.

If your question addressed whether the failure to Mirandize you at the scene will affect the charge against you or the prosecution of you, the answer is, it depends.

The Miranda right is the right to be warned that you do not have to answer questions, that you have a right to representation by an attorney, that, if you cannot afford one, an attorney will be appointed for you, and that, if you choose to answer questions or communicate once the warnings are given, you are surrendering your right not to have what you say used against you.

The fact that you weren't Mirandized DOES NOT make your arrest illegal or wrongful, unless your arrest was based on something you said, and you said that in response to questioning by the police AFTER you were IN CUSTODY but BEFORE you were Mirandized. In other words, at the point in time when you were no longer free to drive away from the store, if at that point the officer asked you questions and you answered them but he had not given you Miranda warnings, then the answers you gave (and any evidence developed out of those answers) would not be admissible in court.

You definitely should seek an attorney's representation.

This answer is not a substitute for consulting with and retaining the services of an attorney for your legal needs. By providing this answer, I am not entering into an attorney client relationship with you.

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Posted

Stop posting your case facts online. Get a criminal defense attorney immediately.
Your defense attorney MAY or MAY NOT be able to exclude evidence--depending on timelines that you are able to establish.

READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I am providing educational instruction only--not legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

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Posted

You should seek counsel. Discuss Arizona v Gant., searches incident to arrest and inventory searches.

The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

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