If the Miranda rights were not read completely, is it still valid? This is an argument my classmate and I have. We are in college working to become attorneys. Example. Minor (16) gets arrested and is taken to the station for an interrogation. T...
Both of you need to research the Miranda rules more. There's no requirement a suspect be told they can stop the interview at any time.
Four prongs of Miranda:
1. right to remain silent
2. warning that anything they say can & will be used against them in court
3. right to an attorney
4. appointed attorney if they cannot afford one
I signed to do 3weeks for the crime , but never appeared back into court ! I gave my public defender note of my situation ... but I never returned to the later date they had set . What Can I do to take care of the situation .. its a Mis Not a Felo...
Your question isn't entirely clear. You signed a plea deal and were supposed to turn yourself in to serve three weeks but didn't? Then you've got a warrant out for your arrest and will face a violation of probation allegation. That could result in additional time.
Get ahold of your public defender ASAP. If you run into problems reaching them, you may need to appear and put yourself on calendar and when your case is called, the judge will realize it's a public defender case and have them speak with you.See question
I was in pro per on a criminal case last week and the judge was talking very fast, but he said something after my plea of not guilty that I'm not sure what it means. He said something about "this is 0/10 or zero of ten" something that sounded like...
The obvious question is why in the world you're representing yourself when you don't know what's going on or what the procedures are.
Are you charged with a felony or a misdemeanor? The 0/10 could be for preliminary hearing if it's a felony or trial if its a misdemeanor.
I wasn't there and known nothing about your case. You're in over your head.
You should always have an attorney. If you truly cannot afford one (and you'll never know if you can or not unless you meet to discuss your case, fees and payment options), you can request that a public defender be appointed.See question
and Penal Code 1320: felony failure to appear. On 8/20/15, I had the 11377 reduced to a misdemeanor, Prop 47, however i still have a felony failure to appear. I want my record sealed, expunged or set aside. It has totally keep me from being hi...
California does not have a true "expungement" statute. What we do have is a dismissal under Penal Code 1203.4. If granted, it doesn't wipe the case off your record, but it adds a notation that the case was dismissed. That allows you to tell most employers that you have not been convicted of the crime, but it remains on your record and still counts as a prior conviction.See question
My husband will have his first court appearance since his arrest on Tuesday. Is there any way I can find out who will be representing him beforehand? I.E on Monday. Where would I have to call or go to?
Unless he (or someone in his behalf) has hired a lawyer for him, I assume he will be requesting a public defender?
They cannot and do not get involved in any case until and unless they are appointed by the judge. You can attend his court date and introduce yourself to the public defender that gets assigned. Keep in mind that they may not speak to you at all - you're not their client, your husband is. If you have information for them that is beneficial to his case, they may ask an investigator of theirs to speak with you.See question
I'm 17 and I recently got caught shoplifting from Nordstrom. No police were involved, all the forms were filled out within Nordstrom and I have a 2 year ban from Nordstrom. They said I don't have to go to court, and it's basically just a warning, ...
If you've read about the civil demands, then you've probably also read that the universal suggestion is to ignore the letters. Yes, they *could* sue you in small claims, but they almost never do. I say "almost" because while it may have happened at some point, in 20 years of practice I have yet to hear of anyone actually being sued for ignoring the civil demand letters.See question
Being charge with 2nd degree robbery on 2 counts. Petty tft, and burglary what kind of time would I'd be looking at in the state of California?
When it comes to sentencing, there are very few charges that have an "average" sentence. Every case is unique and what a person actually gets depends on the facts of the case primarily, their prior record (if any), the exact charges they are convicted of and what their attorney can work out for them and/or what the judge imposes after trial, should it go to trial.
For the two counts of robbery, you're looking at up to 6 years in prison and two strikes - more if a weapon was used and a whole lot more if a firearm was involved.
You need a good criminal defense attorney. I'd strongly suggest you find someone who focuses on criminal law and who routinely practices in the court where this case will be heard.See question
Where can I find a pro bono criminal defense lawyer serving los Angeles inmates.
You're asking for a "pro bono" attorney. That is often viewed as asking for a free attorney or one that is willing to take a case on for free. Not entirely correct. An attorney may take on a case pro bono publico - "for the public good". That means they are in fact willing to work for free on a matter that has great social implication or that has far-reaching implications. Not many attorneys can take on something as complex and time consuming as a criminal case for free. The criminal system is designed to protect those that cannot afford an attorney at any stage with appointed counsel (who isn't working for free either, they're just paid by the government and not the individual client).See question
Got charged with this is misdeamenor forgery fraud or a crime by itself and is forgery fraud the same as forgery?
Duplicate question. Tell us the code sections and we can more precisely address your question.See question
He was arrested for drunk driving and possession of marijuana with intent to sell. Bail set at $20,000.
When it comes to sentencing, there are very few charges that have an "average" sentence. Every case is unique and what a person actually gets depends on the facts of the case primarily, their prior record (if any), the exact charges they are convicted of and what their attorney can work out for them and/or what the judge imposes after trial, should it go to trial.See question