Have you seen Miranda?? Cuz I did not!!

[mfie657]

I was NOT arrested I turned myself in once I found out that I had a warrant for my arrest. I arrived at the County Jail and the officer looking for me met me outside and explained my warrant. Then he accompanied me into the jail from which I put into a temp. tank so I could be booked in. I was in the tank from 9pm til 2am where I was finally taken out finger printed and put into the jail clothes. Finally around 3am I was put into a proper tank for the evening. I then awaited for the judge that morning only to wait til 2pm to see where then I was told my Miranda rights. Now, my questions are how come i was not Mirandized until i saw the judge almost a day later? Also, I was given a restraining order but it was dated that it was valid from start day of 2pm March 30, 2012 ending at Midnight May 31, 2010. Now I am not a genius but I do not believe we have broken the barrier of time travel to the past. I have taken Criminal Justice classes in the past and I can not find if this would still be a legal document. As for the Miranda Rights question I want someone else to explain it to me to make sure I am not crazy that it was wrong. Thank you.

 

[Zigner]

You weren't questioned. Miranda is irrelevant.

 

[CdwJava]

I was NOT arrested I turned myself in once I found out that I had a warrant for my arrest. I arrived at the County Jail and the officer looking for me met me outside and explained my warrant. Then he accompanied me into the jail from which I put into a temp. tank so I could be booked in. I was in the tank from 9pm til 2am where I was finally taken out finger printed and put into the jail clothes. Finally around 3am I was put into a proper tank for the evening. I then awaited for the judge that morning only to wait til 2pm to see where then I was told my Miranda rights. Now, my questions are how come i was not Mirandized until i saw the judge almost a day later? Also, I was given a restraining order but it was dated that it was valid from start day of 2pm March 30, 2012 ending at Midnight May 31, 2010. Now I am not a genius but I do not believe we have broken the barrier of time travel to the past. I have taken Criminal Justice classes in the past and I can not find if this would still be a legal document. As for the Miranda Rights question I want someone else to explain it to me to make sure I am not crazy that it was wrong. Thank you.

You were not Mirandized because you were not interrogated. Miranda generally requires both custody and interrogation.

As for the typo on the order, you had best inquire as to the ending date soon. My guess is it end May 31, 2012, but you can interpret it however you feel is appropriate. If you want to force the issue, violate the order and then tell the court that it expired 2 years ago ... let us know how that works.

So, Miranda is a non-issue here. The date on the restraining order could be a problem for applying the order, but is that a hill you wish to die upon? Best to either point out the mistake to the court and they will amend it, or, assume that the order is effective until May 31, 2012 and avoid the complications of jail. Even if you are right, you might still end up in jail and having to cover the expense of an attorney if you are accused of violating it.

 

[HighwayMan]

I was NOT arrested...

Yes you were. Why else do you think you were in jail?

 

[JennK2009]

Miranda does not apply here. Good try, though.

 

[CavemanLawyer]

The Judge did not mirandize you he/she magistrated you. Police mirandize you before interrogation, Judges magistrate you (if required by your State) within so many hours after your arrest if you do not bond out. The point of a magistration is to inform you of your charges and the amount of your bond, and for the judge to make a probable cause finding if one hasn't been made already. Since you were arrested on a warrant a probable cause finding already would have been done at the time the warrant was signed.

The timeframe that they have to magistrate you is going to be governed by the laws of your state, so you need to tell us what state you are in. The amount of time allowed usually depends on whether it is a felony or a misdemeanor. I would be shocked it the timeframe is less than 24 hours. If you are not magistrated timely then the remedy is usually that you have to be released from custody immediately. It does not create some sort of defense to the charges or bar on the prosecution. So without knowing more it sounds like your experience through county jail was entirely lawful, routine, and constitutionally adequate.

 

[The Occultist]

I have taken Criminal Justice classes in the past

Are you sure? Either you slept through (or otherwise missed) all of your classes (as this typically tends to be 101 material), or you were an otherwise poor student. Even a layman can easily grasp when Miranda is required, let alone when it is thrown at you through an educational setting. Which school did you take these classes in? I only ask to make sure I do not allow my children to attend in said institution.

 

[mfie657]

Yes you were. Why else do you think you were in jail?

i ment like i wasnt picked up i drove MYSELF to the jail

 

[mfie657]

I was questioned he asked why did i hit her and where did it happen but he got mad because i didnt answer.

 

[HighwayMan]

I was questioned he asked why did i hit her and where did it happen but he got mad because i didnt answer.

Without any more background, this is meaningless. You didn't say any of this to begin with.