The police arrested my father and I because they saw the video on our neighbors phone of the argument. The worst we did was curse her out. She yelled and cursed too. However, she was the one to call 911 first.
The police did not ask our side of the story, handcuffed us in our home, and did not read us the Miranda rights at any point during the arrest. The police took our mugshots and fingerprints.
My father is 80 years old and it was traumatic. It caused both of us physical symptoms. We went to the ER and the doctors said it was caused by stress from the arrest.
We think the police overstepped their boundaries in the way they handled this arrest. Including not reading us our Miranda rights. Am I seeing this correctly?
Police need to give Miranda warnings when they arrest someone. However, if they don't, the case doesn't just get thrown out. The only thing that changed is that any statements you made after the arrest but before Miranda warnings (with some exceptions) can get thrown out. This is done by filing a motion and having a hearing, and it is VERY fact-dependent. You really need a lawyer to help you with this.
There may also be a legitimate question of whether you committed any crime, and that is also something that you need to find a lawyer to help you with.
The police an arrest you without reading you Miranda rights; however, they cannot question you after the arrest without reading you those rights.
There is no requirement that you be read Miranda rights. If the police had wished to use anything you said while in custody, then you would have had to be read your rights. Clearly the police did not wish to use in court anything you or your father said. You both need a lawyer, Stay off the internet and refrain from discussing your case. Hire counsel ASAP. You may have some defenses. Best wishes.
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yes you are. however, there are many issues involved. one is the arrest, another is the treatment, a third would be civil tort and a fourth would be governmental immunity.
sorry to say you have now been exposed to the criminal "justice" system, where unfortunately many law enforcement personnel get away with abusing citizens and violating their rights.
yes, you should get an attorney, contact the press, and inform your local represented official, either county supervisor, city council member, mayor, state rep, etc.
Police do NOT need to read Miranda warnings upon arrest like on TV. You are only entitled to your Miranda warnings if you are in custody and being questioned about the elements of the offense. If you are not free to leave questioned and give any response without Miranda then you can file a motion to suppress statements to have anything you said excluded at trial. This is your only remedy under the fact pattern I have given you. As to the charges themselves, I am assuming you were charged with disorderly conduct. The State will be required to prove its case beyond a reasonable doubt. Your attorney will need to review the video, talk to you and determine the best course of action in your specific case.
This comment is being left for informational purposes only and based solely on the information provided in the question. This comment does NOT create an attorney - client relationship. An attorney should be contact directly and given the full details of the specific circumstances in order to be best able to assist in the issues at hand.
No, you are entirely incorrect. There was no need to read you your Miranda rights and the police probably did you a favor. You need to quit playing lawyer and actually get a criminal defense attorney.
The police only need to read your Miranda rights if they intend to question you. Since they didn't do that, it was not necessary. If they had questioned you, the best advice anyone could have given you is to keep your mouth shut. You likely would have said something to make your attorney's job more difficult. Luckily, you didn't have an opportunity to make a statement so that didn't happen.
You need to discuss this case with your defense attorney and ONLY with your defense attorney. That is the best way to address a criminal charge.
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No, you are totally wrong, but so is 99% of the country. Miranda is right up there with hearsay, statutes of limitations, and entrapment, as one of the most misunderstood rules in American law. If I had to guess I would say that Miranda is probably in first place.
Particularly in fact specific criminal cases - get off the internet and hire an attorney.
What use are your Miranda rights when you're posting god knows what all over the internet?
No you are not. That is a TV myth that Miranda must be read at the time of arrest. Miranda is only required if you are being questioned while in custody and the State wants to use your statements against you. Everything you've stated sounds like a standard arrest. I'm sure the experience was traumatic, but it is for everyone who gets arrested.
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