QUESTION
I'm 17 and got charged with POM but didn't get my Miranda rights can that drop my charges or help in anyway?
Asked on Sep 28th, 2012 on Criminal Law - California
More details to this question:
I was charged with pom after let off the hook for distribution, except I only had empty baggy’s and money. No marijuana was on me, is there a way that since I didn't actually have any on me but they charged me with it to have a smaller charge instead does that drop my charges or something or help as well?
10 ANSWERS
Steven D. Dunnings
The answer is no.
Answered on Sep 30th, 2012 at 10:24 PM
If pom means possession of marijuana, that charge can be sustained by residue, the smallest amount testable in the baggie. Miranda rights only apply to statements made to law enforcement.
Answered on Sep 30th, 2012 at 10:23 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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No, not reading Miranda rights will not get the case dropped.
Answered on Sep 30th, 2012 at 10:23 PM
Thomas Edward Gates
Your best option is a plea.
Answered on Sep 30th, 2012 at 10:22 PM
Accidents Attorney serving Orange City, FL
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Principle Legal Offices, P.A.
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The answer is no.
Answered on Sep 30th, 2012 at 10:21 PM
Michael J. Breczinski
Miranda only has to be read in the case that 1. You are under arrest at the time. 2. they want to talk to you about the crime. Otherwise they can just arrest you and take you to jail. To answer your other questions I would have to see the police reports and get all the facts. This is a fact intensive question that can't be answered without more information.
Answered on Sep 30th, 2012 at 10:21 PM
Criminal Defense Attorney serving Birmingham, AL
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The Harris Firm, LLC
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The reading of Miranda rights really only affects whether they can use your responses to police interrogation against you. You need to hire an attorney.
Answered on Sep 30th, 2012 at 10:20 PM
4 Awards
Go to the Miranda Rights page of my website. There is a whole page on this topic there.
Answered on Sep 30th, 2012 at 10:20 PM
Michael Paul Vollandt
Miranda is only applied to custodial settings. If all you had were empty baggies with no pay/owe slips, scales, residue, etc. then that is a very weak case and may not even be filed by the DA.
Answered on Sep 30th, 2012 at 10:20 PM
Stop dreaming. You watch too many movies son.
Answered on Sep 30th, 2012 at 10:19 PM