Handcuffed and Fingerprinted - Not Mirandized

[handsfullof3]

Anne Arundel County Maryland - The other night my husband was taken away in handcuffs for being in the company of a prostitute. He was in reality trying to help a person out in trouble, she asked him for a ride cause her car broke down, she even admitted this to the police, he never even got out of the car. Anyway to the point, he was taken to the station in handcuffs, they never once told him he was under arrest, they finger printed him, never read him his rights, then put him in a cell where he waited for about 2 hours, then they shackled him took him to stand in front of the commissioner where he was informed since he really did not do anything he does not need a lawyer but he will need to stand before a judge where the judge can drop the chrages if he should so choose. Is any of this legal since he was never mirandized or told he was being arrested? Please help me out here he is to stand in front of the judge next month where, if the judge chooses not to drop the charges he will be faced with a $500 fine or up to 1 year in jail. He has no record. PLEASE HELP!

 

[grasmicc]

Anne Arundel County Maryland - The other night my husband was taken away in handcuffs for being in the company of a prostitute. He was in reality trying to help a person out in trouble, she asked him for a ride cause her car broke down, she even admitted this to the police, he never even got out of the car. Anyway to the point, he was taken to the station in handcuffs, they never once told him he was under arrest, they finger printed him, never read him his rights, then put him in a cell where he waited for about 2 hours, then they shackled him took him to stand in front of the commissioner where he was informed since he really did not do anything he does not need a lawyer but he will need to stand before a judge where the judge can drop the chrages if he should so choose. Is any of this legal since he was never mirandized or told he was being arrested? Please help me out here he is to stand in front of the judge next month where, if the judge chooses not to drop the charges he will be faced with a $500 fine or up to 1 year in jail. He has no record. PLEASE HELP!

They don't have to mirandize him if they aren't questioning him. He should get an attorney for the probable cause hearing (probably called "prelim. hearing") and try to get the case dismissed at that point. Since they arrested him, it sounds like they've got more on him than he's telling you.

 

[handsfullof3]

Thanks for letting me know - this is my first experience with any type of arrest.
I do have the papers they gave him after he appeared before the commissioner and it has the arresting officer's name - I plan to call him and ask exactly what happened. I so want to believe what my husband is telling me, but I have to know for sure. Thanks. Do you know if there is any way to get the police report they filed on both him and the "Woman" he was arrested with?

 

[CdwJava]

The other night my husband was taken away in handcuffs for being in the company of a prostitute. He was in reality trying to help a person out in trouble, she asked him for a ride cause her car broke down, she even admitted this to the police, he never even got out of the car.

That is probably the second most common tale told by prostitute's and 'Johns' when they are caught. Usually they try the "We are old friends" scenario ... but this inevitably falls apart.

Sadly, you don't know the "reality" of the tale.

As Grasmicc suggested, it is very likely the officers have much more than him simply being in her company.

Anyway to the point, he was taken to the station in handcuffs, they never once told him he was under arrest, they finger printed him, never read him his rights,

He was under arrest - whether they specifically told him or not. And his rights were not necessary absent any questioning after the arrest.

then put him in a cell where he waited for about 2 hours, then they shackled him took him to stand in front of the commissioner where he was informed since he really did not do anything he does not need a lawyer but he will need to stand before a judge where the judge can drop the chrages if he should so choose.

Interesting arraignment procedure out there. It sounds like he may be facing a fine only ... and maybe nothing at all.

Is any of this legal since he was never mirandized or told he was being arrested?

Yes.

Please help me out here he is to stand in front of the judge next month where, if the judge chooses not to drop the charges he will be faced with a $500 fine or up to 1 year in jail. He has no record. PLEASE HELP!

He should consult local counsel. There may be some hidden consequences to this charge in your state that he might want to be made aware of.

- Carl

 

[Some Random Guy]

"I so want to believe what my husband is telling me, but I have to know for sure"

If the prostitute's car had really broken down, it would have been just down the street from where your husband picked her up. But I bet she didn't offer to point out it to the officers.

When you call the arresting officer, ask him how many times the woman has been arrested for prostitution. You might be surprised.

Go see a doctor and get tested for STDs.