BUSTED by cops but did not read me my rights..

well police cars have really small back seats ill tell you that much right now

we got busted with about a gram and a pipe and they searched car and found a baggy with little shake and a roach in the ashtray
but they just ditched the roach and shake baggy

at first they said they were only charging the driver and than at the very end before i was picked up by my mother they said "we are charging you with drug abuse." but never said my miranda rights....

from what ive heard if they dont read you your rights than thats a very big deal...

we called an athorney but no call back yet we left a message about it...

im 16 and in ohio

another question is also, will it stay on my record until im 18 than dropped or will it be on for quite sometime, i assume it will be dropped at 18 but im just curious

Hey, Genuine. Sorry to burst your bubble here, but just because you're arrested doesn't mean you have to be read your Miranda rights. Miranda rights have to do with your protections if you're being questioned about a criminal matter. So before you're questioned by police about any involvement in a criminal matter, you have to be "Mirandized." If you're just being arrested on a misdemeanor charge, as in this case, and not questioned, they don't have any reason or need to Mirandize you.

I'm going to move this thread to the Legal area.

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Originally Posted by birdgirl73

Hey, Genuine. Sorry to burst your bubble here, but just because you're arrested doesn't mean you have to be read your Miranda rights. Miranda rights have to do with your protections if you're being questioned about a criminal matter. So before you're questioned by police about any involvement in a criminal matter, you have to be "Mirandized." If you're just being arrested on a misdemeanor charge, as in this case, and not questioned, they don't have any reason or need to Mirandize you.

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alright cool cool
just hoping for an easy way out :thumbsup: :dance:

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Originally Posted by Genuine17

another question is also, will it stay on my record until im 18 than dropped or will it be on for quite sometime, i assume it will be dropped at 18 but im just curious

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It's more contingent on your state, but basically how it works is in most cases your record will be "sealed" at 18 unless the prosecutor decides on a "Nolle Prosequi" which means, unwilling to prosecute. When you turn 18, you have to file a motion for expungement in order to remove it from your record. There are plea agreements your lawyer can work out that the status of your charge will be inactive, contingent on going through probation trouble free. If you do, they'll just drop the charge.

This seems like a weak charge, and I'm sure any half-way decent lawyer could get you off. Good luck and stay out of trouble.

i finally had my court date last friday for anyone wondering doubt anyone is but yeah, for later use incase somebody is in same situation and searches forum for answers

i along with the other passenger got 15 hours of community service and was told to do a couple drug classes and they would drop the case if done in 90 days

the driver got 6 hours of community service and was put straight in diversion and did not have to go to court

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Originally Posted by Genuine17

alright cool cool
just hoping for an easy way out :thumbsup: :dance:

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you've already got your easy way out its called being 16. Watch it in the future.

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Originally Posted by birdgirl73

Hey, Genuine. Sorry to burst your bubble here, but just because you're arrested doesn't mean you have to be read your Miranda rights. Miranda rights have to do with your protections if you're being questioned about a criminal matter. So before you're questioned by police about any involvement in a criminal matter, you have to be "Mirandized." If you're just being arrested on a misdemeanor charge, as in this case, and not questioned, they don't have any reason or need to Mirandize you.

I'm going to move this thread to the Legal area.

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Well 2 days ago 2 detectives came to my house to question me about a fight i was involved in. Me and some of my friends were chillin at the park when 4 cars of ppl came, we got jumped my friend got a like 9 inch wrench thrown at his head and almost died. Also someone on there side was stabbed and he almost died. The kid that was stabbed was blamming it on a close friend of mine even tho he didn't see him do it, no one else did and they don't have the knife. So a week after all this happened is when the detectives came to my house i'm 16 and in Ny where it is legal to interegate me without my mom present. But they never read me the Miranda rights does that matter at all?

Also when they came to my house me and my friend where in my basement we heard the knockin at my front door but i didn't feel like answering the door. We were down there just chillin scrapin a bunch of stems i had cause we had no weed. So then we heard knockin on my basement door, and window. I figured it was one of my friends and answered it. The asshole DT showed me his badge so i did just what i was told to do from the rights video. I walked out and closed the door behind me. The DT asked me if he could come in and i said no. Then he opened the fucking door and took like 2 steps in and just chilled there asking if my mom was home and shit.(let me mention that the stems are just chillin on the floor about 8 feet away from them, so i was nervous as fuck.) He asked me my name and for some ID. Then i said to them i know my rights you guys ain't got a warrant and i didn't say you could come in. They just said why you so nervous? Then they said they needed me to make a statement and asked if they could in there i said no so we went out to there car. So later on after 45minutes of questioning me they left and i went inside called my mom or w.e. Then she called the precient to talk to the DT she said they came in without my permission and the DT said that they never came in. Do you guys think i should try to take legal action about this? My friend is a witness to them walking in.

If you have or know someone who has a cellphone with a video camera that pics up sounds,or any recorder,try to record the denial and get your witness too.You may want the recorder to fit in your pocket,or get them back to the house if you can,so it will be easier to catch,em in the lie. Depends on what you can do.

I wouldnt hold the police department liable for trespassing, but i would call them up and let them know ur not going to take it again or forget it happened. They seem to want your cooperation, so just tell them your happy to comply within your rights, and next time they decide to ignore your rights they will not get any cooperation. It goes both ways though they make it seem onesided on the whole cooperation part, if your under the impression they are not doing there job, then really you would feel safer not telling them anything, i would write up a letter send it to your mayor sign it date it copy it and save it as a record that they did enter your house unlawfully, this way if something comes up in the future you have a reason to make there lives harder.

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Originally Posted by smokeblunts3

Well 2 days ago 2 detectives came to my house to question me about a fight i was involved in. . . . . But they never read me the Miranda rights does that matter at all?

Do you guys think i should try to take legal action about this? My friend is a witness to them walking in.

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I do think that was questionable about their asking you to make a statement without Mirandizing you, but pehaps there's some procedure in New York that I don't know about. The loophole for them is that they weren't detaining or arresting you and instead were simply asking questions and taking a statement, which they do all the time about all sorts of incidents from car wrecks to burglaries to fights, and so that might not have qualified as a Miranda-requiring situation.

On the Q about their just walking in, you can certainly try and take legal action, but it'll be your word against theirs. They didn't walk in to do an illegal search, just to ask you questions. And you didn't get busted as a result, did you? I'd leave well enough alone.

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Originally Posted by smokeblunts3

Then she called the precient to talk to the DT she said they came in without my permission and the DT said that they never came in. Do you guys think i should try to take legal action about this? My friend is a witness to them walking in.

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Every department has I.A. (Internal Affairs). These are the cops that bust the cops. Go down to the department with your mother and file an offical complaint with I.A. You might not see what happens, but the cops sure will! The street cops hate I.A. cops because they can destroy the street cops. Thats my 2 cents.

1. that not every orginization has to read your rights
2. they only have to read them when asking questions about crimes they don't have to read them to ask your name or your address
3. if you keep talking so that they can't read you your rights they don't have to
4. cant think of the site but theres an organization that you fill out a form and they match your complaint to other complaints in the area and if they notice a pattern they go after it and i do mean they go after it that ?jeffery figer? (not sure on spelling) runs it i beleive it's been a couple years since i needed it I'm sure a google search with the right words can find it

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Originally Posted by pass the chicken

1. that not every orginization has to read your rights
2. they only have to read them when asking questions about crimes they don't have to read them to ask your name or your address
3. if you keep talking so that they can't read you your rights they don't have to
4. cant think of the site but theres an organization that you fill out a form and they match your complaint to other complaints in the area and if they notice a pattern they go after it and i do mean they go after it that ?jeffery figer? (not sure on spelling) runs it i beleive it's been a couple years since i needed it I'm sure a google search with the right words can find it

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supposedly if you're not aware of your Miranda rights they cannot use what you say in a court of law, but I've seen it happen where they do. It's a he said she said kind of bs. Your word against theirs regarding Miranda rights. You're supposed to be read your Miranda rights each and every time you're arrested.

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Originally Posted by SouthernGuerilla

supposedly if you're not aware of your Miranda rights they cannot use what you say in a court of law, but I've seen it happen where they do. It's a he said she said kind of bs. Your word against theirs regarding Miranda rights. You're supposed to be read your Miranda rights each and every time you're arrested.

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they don't have to read when your arrested just BEFORE questioning, which can be at arrest (since they usally start asking questions there) but you don't even need to be arrested to have them read.
and certain federal agencies don't even have to bother memorizing them.

though in court's you know how the love to pick and choose which rights apply in what cases

it is not a good idea to piss off cops. they do what they want. you may when in court, after losing all your money. they DO plant shit. they are not nice people, they often have very little to do and they are supposed to fuck people over anyhow. be careful. don't piss off the wrong cop; they are generally not nice people. they aren't cool.

You might want to look into the Hearsay laws for your state.

uhhhhhhhh intent to smoke...right...

when i read 'we are charging you with drug abuse' what are the terms of that conviction lol possible rehab or somethin...its either they caught YOU and your friends in the ACT...other wise its whatever was on your person...it may vary state to state though lol

your story reminds me of when i got caught when i was 17..
they made my freaked out driver friend admit to him that we were smoking, when in fact we had smoked WAYY earlier and they hadnt seen us smoke anything...then they searched me and my two friends, my freaked out driver friend gave him a bag of shake instantly...hands shaking..my other friends sternly saying 'you dont have to give/admit anythingx5' before this all went down...then they searched that friend and found a pipe...then my driver friend and the kid with the pipe were put in the back of the car AND I RODE IN FRONT WITH THE OTHER COP because i didnt have anything on me...this was after they made fun of my pants and thoroughly searched me because i reluctantly admitted that i thought i had a bag on me...later remembering that i had changed my pants to goofy ass pajama pants before we went out, leaving the bag i thought i had on me at home...

...point is my friends got talked to and got fines bumped down to lesser fines and i just got picked up by my dad...and they never said to me 'charging you with drug abuse' that shit is hokey-shock and awe shit...i dont know...

try not to get caught in the future.

Well this is how it goes. The cops show up at my door for what is called a knock and talk. I did as the rights video says and walked out and closed the door behind me. The fisrt thing they did was show be a badge and say they could smell it. I was growing some and drying it out in my house. When they said they could smell it it was all over. That gave them probbable cause even though I said smell what ? I could cooperate or they would get a warrant but they were coming in one way or another. My nephew ratted me out to get out of a coke charge on him, bastered. Never read me my rights and I said something about it. They said they didn't have to. So they agreed to let my wife and 12 year old go if I cooperate. I had no choice. They left with 3/4 pounds of buds and my whole grow setup. A bunch of shit I had. Never arrested me, Just told me to come to the police station. I went to a lawyer and he said let me guess, They said they could smell it. I said yes, he said it was all over at that point. The cops said seven to nine felonies and a misdemeanor. They tried to get me to bust others or ride down crack street and bust crack dealers. No way I'm doing thier job. My lawyer got it down to 3 felonies and a misdemeanor. Never arested, just charged. I went to court a couple of months ago and plead only to intent to sell and deliver, which I was not quilty of. But that was my way out. 8 to 12 months in jail suspended and 24 months probation I am doing now. Sucks ass. I have spent about 12 thousand dollars on the whole deal, and 1 felony on a flawless record. Let me tell you, you have no rights.... They have a way around all rights. Bottom line. Game over. So if you think you have rights forget it, you live in the united states of big brother. So when probation is over I'm going to Cali to be a med grower and get my money back on what got me in trouble. The big laugh is on them when I make 500 g's in a year for what I got in trouble for. The world just ain't right ,get over it.

i ponder the 'under 18' thing...

like what about being 17 gets you less of a penalty than if youre 18..(ny wise..varied in states?--i feel stupid)

what happens when you get caught growing 10 plants behind your house a week before you turn 18 and its pending over that week..do you get charged with it as an 18 year old or a 17 year old when the charges dropped?

i know of 2 kids who got off light for some deep shit...all because of their age

--i feel stupid
can someone clear this up?

The cops threatened to charge my 12 year old boy as well as my wife. Neither knew exactly what I was doing. I kept thing locked up. They can use any tactics they wish. A 16 year old can be tried as an adult, so nothing is impossible. Don't think just cause your young it will disapear from your record later. Some get lucky but not all. Lots of money can get you better justice in our court system. It's all about the money.

Sorry LOC NAR but you fucked up. When they said we can come back with a Warrant thats when you say good go get it. Then you should've gone back in your house and destroyed your shit ASAP.

As for coming to Cali to be a med grower, good luck and wish you the best but it's not quite as easy as you think. The cops out here will still fuck with your shit. Nothing worse than having them tear up your crop a week before harvest. Sure you might beat the charges in court ect, but you've still lost your crop and any cash that the cops found. And they will do this repeatedly until you've been sunk on your investment and are completely broke, cause farmers can't make money if their crops never make it to market.

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Originally Posted by jawndoe

Sorry LOC NAR but you fucked up. When they said we can come back with a Warrant thats when you say good go get it. Then you should've gone back in your house and destroyed your shit ASAP.

As for coming to Cali to be a med grower, good luck and wish you the best but it's not quite as easy as you think. The cops out here will still fuck with your shit. Nothing worse than having them tear up your crop a week before harvest. Sure you might beat the charges in court ect, but you've still lost your crop and any cash that the cops found. And they will do this repeatedly until you've been sunk on your investment and are completely broke, cause farmers can't make money if their crops never make it to market.

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What he said! :D
:pimp:

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