QUESTION
My son wasn't read his rights and the judge said he wouldn't win the case. What can we do?
Asked on Jul 15th, 2013 on Criminal Law - California
More details to this question:
We went to court on the 9th of July. My son questioned the judge on his rights for a pipe and a bag with marijuana. He was never read his rights judge said you got grounds to stand on but will not win in my court. They searched his/my truck when my son was not even seen getting out of his truck. They would not have found anything if they did not search. They told my son I gave them permission so he may as well say yes.
6 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your son's case. He/she would then be in a better position to analyze his case and advise you of his options.
Answered on Jul 18th, 2013 at 7:42 PM
Miranda only has to be read if there is post-arrest interrogation. Most cops are trained to get everything they need out of your mouth "prior" to cuffing you, so Miranda rarely applies.
Answered on Jul 16th, 2013 at 7:22 PM
Michael J. Breczinski
The issue is not being read the rights but the issue of whether the search was valid. Get a lawyer to look over all the details and fight the search.
Answered on Jul 16th, 2013 at 7:22 PM
Bankruptcy Attorney serving Irvine, CA
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Chambers Law Firm, P.C.
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Your question raises a lot of issues. Does your son have a lawyer? If not, you should consider hiring one.
Answered on Jul 16th, 2013 at 7:21 PM
Criminal Defense Attorney serving Birmingham, AL
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The Harris Firm, LLC
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You need to hire an attorney that can look at the specific facts of your case. But I will comment on 2 things that are commonly misunderstood: (1) "reading of rights" is really only necessary if law enforcement interrogates an individual and wants to use his responses in trial, (2) a consent to search necessarily negates the argument that it was a bad search.
Answered on Jul 16th, 2013 at 7:21 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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You will need to hire a lawyer to properly represent your son on these charges. I do not know what court he is in but it is highly unusual for a judge to predetermine an outcome. Make sure your son has a good lawyer.
Answered on Jul 16th, 2013 at 7:21 PM