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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 08-21-2001, 03:56 PM
bertha
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individual rights


If a person is arrested and waives their rights in order to cooperate, and after the fact feels he has been set up and that his rights have been violated, he then decides to hire an attorney -- can he "undo" the fact that he waived his rights in the beginning??
  #2  
Old 08-21-2001, 06:15 PM
whipsnake
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if you waive your rights under the law you are in essence telling the courts to treat you as if you have no rights,tyherefore there are no rights to be violated. to attempt to "undo" the waiver can be costly with no guarantee of success unless you can prove you were coersed into waiving your rights under vthe law. if you give a voluntary statementyou set in motion a wave effect .police , city officails prosecuters,and courts ride this wave .it will take more than a teaspoon to stop a wave
  #3  
Old 08-21-2001, 06:17 PM
whipsnake
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if you waive your rights under the law you are in essence telling the courts to treat you as if you have no rights,therefore there are no rights to be violated. to attempt to "undo" the waiver can be costly with no guarantee of success unless you can prove you were coersed into waiving your rights under vthe law. if you give a voluntary statement you set in motion a wave effect .police , city officails prosecuters,and courts ride this wave .it will take more than a teaspoon to stop a wave
  #4  
Old 08-21-2001, 06:18 PM
whipsnake
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if you waive your rights under the law you are in essence telling the courts to treat you as if you have no rights,therefore there are no rights to be violated. to attempt to "undo" the waiver can be costly with no guarantee of success unless you can prove you were coersed into waiving your rights under the law. if you give a voluntary statement you set in motion a wave effect .police , city officails prosecuters,and courts ride this wave .it will take more than a teaspoon to stop a wave
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