I was taken into custody, cuffed, transported to local PD, and was placed in a holding cell. I have a medical condition called charcot foot and in the process of being taken into custody the foot was stomped on by the officer, I was transported from the PD by ambulance to the local hospital and was admitted. Was in the hospital for 24 hours and discharged. No paper work from the PD no voucher for my possessions.
Question one can I be told I am arrest and then be let go?
2 how do I obtain my possessions?
This is a criminal law question which somehow ended up under child custody. I'm changing the practice area for you.
Be sure to click Best Answer if you found this helpful. Disclaimer: Please note that this response does not in any way establish an attorney-client relationship between Kathryn L. Hilbush and the recipient. My responses are general in nature. They do not constitute legal advice. You are advised to consult an attorney regarding this and any other legal matters.
Miranda has been given a rarified status by TV that it doesnt have in the real world. Miranda warnings are not part of an arrest and only even matter if you were questioned while in custody, even then your failure to get them MAY make your statements inadmissible.
To answer your question, most arrests in PA happen by mail. There is no requirement that they take you straight to jail. Simply stated, within a week or two you will get charges in the mail.
The next question is best answered by your attorney. Some of your possessions may be evidence in which case you may not be able to get them back. I routinely make these calls on my clients behalf and get their property returned. The key is that because you are likely to be arrested, now is the time to have an attorney. Your rights need to be protected and the best person to do that is someone who does it for a living. Importantly, they can also walk you through the process so your stress level can be reduced. Find a local experienced defense attorney to help you through this.
Please excuse my brevity and any typos as answers are often given using a cellular phone.
Yes, you can be released by the police after they take your information. They can arrest you by the summons process, so check your mail. Miranda rights only apply when you are interrogated in a custodial setting. If you have a property receipt, go to the police who arrested you and ask for your property to be returned. If they will not do it, hire an attorney to file a motion to return property.
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