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  #11  
Old 09-15-2007, 06:32 PM
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no miranda = no charge. now you need to prove that they did not read them to you.
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  #12  
Old 09-15-2007, 06:45 PM
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no miranda = no charge. now you need to prove that they did not read them to you.
Again I am not a lawyer, But no miranda = no charge is 100% wrong. It just means that anything you said can't be used against you. But that does not mean they don't have evidence. Extreme example While being video taped, and with eye witnesses, you rob a bank. If they dont read you your rights, it wont matter because they dont need to submit what you said. GET A LAWYER and I would suggest that is the only advice you should take from this site. GET A LAWYER
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  #13  
Old 09-15-2007, 08:15 PM
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Nevermind, read up on miranda rights. You only need to be read them when being questioned.

Last edited by UnEmploymentDude; 09-15-2007 at 08:22 PM.
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  #14  
Old 09-15-2007, 08:22 PM
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No, they drop the charges if your miranda rights arent read to you. If my high school freshmen memory serves correctly.
I disagree but I am glad we disagree. This is exactly why he needs to go talk to a lawyer and not us. It's not like in court he can say "a guy on rollitup said"
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  #15  
Old 09-15-2007, 08:34 PM
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well like stated im not a lawer..but i do know that if you didn't have scales or bags you probley wont get charged with intent to sale which is the real biggie..just prove the marijuana was yours an for you only an you should only get a light probation....how old are you if i may so inquire...peace...also how did you get caught...peace again
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  #16  
Old 09-15-2007, 10:09 PM
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in my shitty state you don't have to have your rights read to you. they threatened to arrest my brother unless he let them in the house (he doesn't even live here and was only working on his car behind the house). they came in on me sleeping. they found only dead plants in the garbage can. i had thrown them away about 3 days before. anyway, despite their obvious brown-ness and shit, all fucked up, they still charged my ass. illegal search and seizure. my brother is not on probation or anything like that, he doesn't live here, and they made him open the door when they didn't have a warrant threatening him with charges and arrest. COPS CAN LIE TO YOU. our country is so fucked up dude. they even took my salvia that i bought at my local headshop. seriously, what the fuck?
thanks for the replies all....i'm in a really bad place right now.

i do not have a good attorney yet. i'm going "court-appointed" at the arraignment to get a publicly funded lawyer. if he sucks, i'll fire him by the time the trial comes. but, good for me, the evidence takes about 1 year and 6-10 months to process. so i'll have plenty of time to figure if i want to keep him or not.

i had a lot of "evidence" as they took about 30 smoking pieces, 20 lights, bout 10 grams of about 9 different types of weed, just a lot of shit to analyze. this case will not be in court before i graduate college, so i'm sitting pretty as far as i'm concerned.

the fact is that i have no criminal record. i'm a clean sheet all the way thru my full academic scholarship at the school in the town i grew up in. getting caught was stupid. but i think i'm going to be alright after all of this is done. i think i have a really strong case.

thanks so much for all the replies. i've missed RIU a lot if that makes sense

Last edited by Lynchburgfall; 09-15-2007 at 10:18 PM.
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  #17  
Old 09-15-2007, 10:20 PM
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Why were they there knocking on your door to begin with?
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  #18  
Old 09-15-2007, 10:22 PM
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Your brother can let them in the house and give probable cause if they see/smell anything. Unfortunately, that's the way it is. You need to fight this and fight this HARD. I really wouldn't accept a public attorney. You don't want this on your record whatsoever. You are clean otherwise, so put your all into it. The money you spend is an investment, it will help you get a better job after school. FIGHT THE UNJUSTICE!
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  #19  
Old 09-15-2007, 10:23 PM
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Your brother can let them in the house and give probable cause if they see/smell anything. Unfortunately, that's the way it is. You need to fight this and fight this HARD. I really wouldn't accept a public attorney. You don't want this on your record whatsoever. You are clean otherwise, so put your all into it. The money you spend is an investment, it will help you get a better job after school. FIGHT THE UNJUSTICE!
Well said and great advice
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  #20  
Old 09-15-2007, 10:23 PM
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Well, a good lawyer would probably say that since your brother is not a legal resident in your place he had no right inviding them in, in which case they were trasspassing while they searched your house...Are you ganna loose the scholarship now?
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