After interrogation they locked me in their departments holding cell for 8+ hours with no drinks or restroom. I asked if I was under arrest and they said no. I told them I was finished. They still wouldn't let me leave. A few or so hours after I asked for an attorney, they came back badgering me trying to get me to confess to something with their lies. You know the routine. I'm guilty of nothing but they took me to jail for the night for obstruction of justice. They were in the wrong. I believe this is violation of my constitutional rights. I would be happy to hire who can give the best advice. Especially, since my original attorney that I have always hired is the judge of this trial coming up. I obviously can't pay him to defend me.
Criminal Defense Attorney
Talk to an attorney and find out about your rights. If you asked for an attorney and they refused to give you an attorney and kept questioning you then it is a violation of your constitutional rights. Even though they told you you were not under arrest but you were not free to leave and under the conditions you provided, it was "custodial interrogation" where you are entitled to having an attorney. However, having said this, this is just a simplification of the rule. We need so much more facts to make that determination that's why I'm telling you to call an attorney and discuss your case.
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Sharon Paris Babakhan
7 lawyers agree
Criminal Defense Attorney
Again, this judge needs to recuse himself or be disqualified if you are accurately reporting the facts here.
No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia
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Administrative Law Lawyer
You are describing a "Miranda violation." The law is that if you are in police custody, statements you make in response to police questions after you have asked for counsel or refused to answer cannot be used against you in a subsequent legal proceeding. That's the remedy: your statements can't be used. Nothing more. The cops don't go to jail; you don't get paid a damages award; the prosecution can still bring the charges. But any statements that you made can't be introduced against you on these facts -- assuming that the court finds these facts to be true in a pre-trial foundational hearing on the issue.
The issue about recusal will almost certainly go away. If you are pending trial in the L A courts, very likely the court does not yet have any actual knowledge that your case is on deck. Almost all courts will voluntarily and automatically recuse themselves on these kinds of facts of prior representation. If the judge hasn't recused, very likely it is because the court doesn't recognize you or your name and isn't making the connection. A word from your counsel will be all that it takes. Judges are tickled pink to send a case, any case, elsewhere. There is almost never any reason to struggle to hold onto a case in a system that offers a tidal wave of cases every single day.
No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.
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