QUESTION
What happens after I was arrested for possession of marijuana (1 gram)?
Asked on Feb 25th, 2014 on Criminal Law - Missouri
More details to this question:
They never read me my rights and later on they questioned what I was doing in this area, where I got it, what the guy looked like, how much I paid (all the question they asked me were either when I was in a cell or while I was in the police car after I had been arrested). When the officer had pulled me over and had me on the side of the road he asked if he could search the car I responded yes. When he asked if he could search my person I responded yeah, I donโt know. He then searched my person was that a formal submission to the search. When I answered him I was nervous but I never wanted him to search me.
5 ANSWERS
Michael J. Breczinski
If you were already arrested then they can't use your answers against you if they did not read you Miranda first. Get a lawyer.
Answered on Mar 04th, 2014 at 2:51 AM
Your statement of rights (also referred to as Miranda rights) is a statement of your constitutional rights that police in the United States are required to give to suspects in police custody or in a custodial interrogation before questioned about a possible criminal incident. Custodial interagation happens when a suspect is questioned about a possible crime when the situation is one in which a reasonable person would feel he was not at liberty to leave. The Supreme Court of the United States ruled that an elicited incriminating statement made by a suspect is not admissible evidence in the prosecutor?s case in chef unless the suspect was informed of the right not to make self-incriminatory statements and the right to legal repartition, and makes a knowing, intelligent, and voluntary waiver of those rights. The prosecutor?s case in chef is the part of a trial before the prosecutor rests his case and the defense presents his case. The Miranda warning is not required to detain or arrest a suspect. It is a safeguard against self-incrimination as a right under the fifth amendment of the Constitution. If law enforcement officials do not read a person his rights they may still interrogate that person and act upon the knowledge gained, but may not use that person's statements or the evidence obtained from that knowledge to incriminate him or her in a criminal trial. However, if prior to his having his rights the suspect testifies to facts different from in his statements before his was read his rights; the statements can be used to show he may be lying. Saying yeah to the question of by the police-asking if they can search you, makes the search legal.
Answered on Feb 28th, 2014 at 7:33 PM
James Edward Smith
Search is good. Ask for diversion.
Answered on Feb 28th, 2014 at 5:06 AM
You should hire a lawyer and get this relatively minor charge dismissed. By yourself you're going to get a criminal record, and it isn't worth it.
Answered on Feb 28th, 2014 at 5:06 AM
Sounds like you consented to both searches. Police don't have to read you your rights, even if they arrest you, unless they want to question you while you're in police custody and use that testimony against you in court. Usually, they don't read you your rights when the evidence against you is obvious and unnecessary to their case against you. I suggest that you hire a lawyer to represent you if you want to get the charge dismissed or amended to a lesser offense, such as "Littering."
Answered on Feb 28th, 2014 at 5:06 AM