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2 Responses to “CLICK HERE TO POST A LEGAL QUESTION”

  1. Joe says:

    I was not issued my miranda rights, can I get my case dropped?

    I was leaving a house with 3 people I just met. Two police officers pull me aside and start asking me how much I have had to drink. I told them that I had not been drinking. They said I had been drinking and that I will get arrested if I do not admit I was drinking. I admitted to nothing, and pleaded that I be let go from being detained. They told me if I got up I would be arrested and sent to the drunk tank. Luckily, two of the people I was walking with came back for me and said they knew me and that I was not drunk. I do not actually know these people, but luckily they came back. After this, the police officers wrote me a ticket for minor in possession even though I had no alcohol on me, nor did I admit to even drinking. Police never read me my miranda rights, even as they detained me.

  2. admin says:

    Miranda rights are not dispositive here. Instead, you should focus on the substantive charges, which are levied by the District Attorney’s Office, not by the police officer. Police simply gather evidence, create reports and forward along all information to the DA’s office for review. The DA assigned to your file will then either file charges against you (which may or may not be the same charges reccomended by the arresting officer), attempt to obtain more information about the incident, or simply decide not to file charges at all.

    As a former Deputy District Attorney, I became accustomed to speaking with defense counsel before I made my decision in regarding to filing charges. One of the major advantges to retaining private counsel shortly after the night in question is that you have the benefit of having your attorney attempt to dissuade the DA’s office from filing charges against you in the first place. As you can imagine, often times prosecutors are more flexible and reasonable prior to filing formal charges and creating an office-wide paper trail, which of course, also becomes public record.

    Given your facts, it sounds like you may be able to obtain a positive outcome.

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