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Old 01-05-2014, 01:02 PM
 
Location: On the brink of WWIII
21,093 posts, read 24,777,800 times
Reputation: 7812

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Quote:
Originally Posted by rcushing View Post
oh and in addition to all of that, the cop who arrested me didnt even read me my rights...can my case get thrown out for that?

Supreme Court says you do not get your rights read to you.. SCOTUS stated they(Miranda Rights) are so well known, people should know what they are and the accused has to invoke the MIranda Rights...
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Old 01-05-2014, 05:49 PM
 
Location: Los Angeles County, CA
29,100 posts, read 22,773,486 times
Reputation: 6128
You should have been notified that the license was not suspended.
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Old 01-05-2014, 05:53 PM
 
Location: Los Angeles County, CA
29,100 posts, read 22,773,486 times
Reputation: 6128
Quote:
Originally Posted by Wingnatic View Post
Did they read you your rights when you were arrested ?

'' You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.

That would have been an ideal time to get a court appointed lawyer
Quote:
Originally Posted by rcushing View Post
oh and in addition to all of that, the cop who arrested me didnt even read me my rights...can my case get thrown out for that?
They are not required to read anyone their rights upon an arrest, that is only for interrogations.

People should know enough anyway to keep their mouths shut if they ever come in contact with any cop, whether that the cop is on duty or not.

Never talk to a cop without an attorney present.

Last edited by Harrier; 01-05-2014 at 06:17 PM..
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Old 01-05-2014, 06:00 PM
 
Location: Los Angeles County, CA
29,100 posts, read 22,773,486 times
Reputation: 6128
Quote:
Originally Posted by panicattacks View Post
No...I did not pay the ticket over 2 months...not a year. I was not pulled over for speeding. I had gone to the court to pay the ticket and at that time was informed I needed cash not a check. Like I said it was stupid of me to then get in my car to go to the bank. That is when they pulled me over....at the end of the parking lot. For driving with a suspended license. Look..I take full responsibility for this. I was just trying to get some advice.
It sounds like they may have done a sting operation.

A court here in California used to do this: they would have cops follow people out of the courthouse who had just had their drivers license suspended and then would pull them over in the parking lot when they tried to leave in their car.
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Old 01-05-2014, 06:03 PM
 
Location: Los Angeles County, CA
29,100 posts, read 22,773,486 times
Reputation: 6128
Quote:
Originally Posted by magellan View Post
There's no way they'll give you jail time. Not when county jails are overflowing and they're letting people out early.

I doubt they'd appoint you a court-appointed attorney for a small misdemeanor charge, unless you absolutely wanted to fight it (on what grounds, I don't know).
A court appointed attorney can usually be provided upon submission of documentation that demonstrates financial need.

Contesting the charge is not necessary - the attorney can simply provide advice.
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