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

[Genuine17]

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

Genuine17 Reviewed by Genuine17 on 11-22-2006. 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 Rating: 5

[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.

[Genuine17]

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.

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

[thcbongman]

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

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.

[Genuine17]

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

[deftdrummer]

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

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

[smokeblunts3]

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.

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.

[Mark Bryan]

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.

[JackdaWack]

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.

[birdgirl73]

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.

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.