miranda rights

[hutch64]

What is the name of your state? California

hi, i was asked to come to the police station in june of 2003 for some questions regarding my ex employer. i went there on my own and talk to an officer who took me in a room and started asking me questions about my job and exemployer, my ex employer who was angry because i went to the california labor board about my owed wages was saying i bought personal gifts on his office depot account and got a gas card without his knowledge. i was told by the officer that he was just trying to get the whole picture of the events i later heard another police officer tell my fiancee that i was a suspect and could be arrested and that bringing our children with us didn't help the situation. i was never arressted but gave the officer a letter i sent to my employer after recieveing a threatning letter from my ex meployer. i was never read my maranda rights. in september i found out that the d. a. issued a warrant for my aresst for embezzelment and fraud and i had to turn myself in i did that and was in jail for 12 hours i am 40 years old and have never been arressted before it was scary. still noone read me my rights i have been going to court for 6 months i just now pleaded not guilty and had a priliminary hearing where they are using my statements to the officer in june and my letter but to this day i still haven't had my rights read to me, i am going for another arraingment in 2 weeks why haven't my rights been read and can they use what i said and documents i gave them against me. even though no one has told me my rights.

thanks for your help.

cmhutch

 

[JETX]

Thank you for your heart-rendering personal story. I was literally at the edge of my seat waiting until the emotion filled ending. Damn near brought me to tears!!!

And please feel free to write next time. However, since this IS supposed to be a legal advice forum, it might help to at least ask a question next time.

Best of luck.... and the story was fascinating!!!

 

[hutch64]

look it whoever you are i did ask a question and you know people like you who are so mean and condesending shouldn't be able to reply to help people my ? was can they use my statement and letter even though i have never been read my rights duh is that not a question.

 

[JETX]

"look it whoever you are i did ask a question"
*** Okay, please point out where your question is in your first post??? Come on.... you can do it.....

"and you know people like you who are so mean and condesending"
*** Did you mean 'condescending'???

"shouldn't be able to reply to help people"
*** Au contraire, mon cher! I would be glad to try to help.... but you didn't ask a question. You simply gave a LONG dissertation rambling about your opportunity to meet some of your communities 'finest'.

"my ? was can they use my statement and letter even though i have never been read my rights duh is that not a question."
*** Again, please show me where that question was asked in your original post. I have read and re-read it and can't seem to see a SINGLE question mark ANYWHERE in there. Could it be that someone has stolen your question mark??? What kind of low life dastardly dude would do that???

 

[hutch64]

the question was this can they use what i said and the document i gave to the officer against me without reading my rights?????????????????????????

 

[JETX]

Sorry, but I have read and re-read the original post and can't find a single question mark in there at all.

And since you obviously can't either, the only real answer to your question is....
What did your defense attorney say when you presented him with this 'defense'??
Seriously, if it happened as you say, then there MAY be a concern as to what may be admissable. However, it is somewhat unlikely that the police would hand you this defense 'on a platter' by violating your interrogation rights. Talk with your defense attorney and he can find out the FULL facts and handle accordingly.

 

[hutch64]

thanks

you know the crazy thing is i believe that is exactly what the officer wanted to do. see i believe he thinks this is bogus. he didn't even investigate the crime. he didn't arresst me for it and he never ever read me my rights noone has i have been going to court for 6 months and finally was asked what i plead, which was not guilty. my ex employer is only doing this to me because i am asking for 23,000.00 dollars in back wages. so my ????? is have my civil rights been violated since i haven't had my rights read at all up to this very moment and can i have my case thrown out of court??????? my lawyer is a public defender and he is stupid he just wants me to plea bargain i won't 2nd ?????? can i fire him at anytime??????

 

[JETX]

"so my ????? is have my civil rights been violated since i haven't had my rights read at all up to this very moment"
*** Possibly. To determine if that in fact is the case would require a FULL review of all the facts. And that is what your attorney can/should do.

"and can i have my case thrown out of court???????"
*** No. However, if it is as you contend, then the court COULD rule that the statements were invalid and not allow them. The case would then move forward based solely on the remaining evidence.

"can i fire him at anytime??????"
*** Of course you can. Just go out and pay for an attorney.

 

[calatty]

The police are obligated to advise you of your Miranda rights if 1) you are in custody, and 2) you are being questioned. Since you went to the station "on your own," you were not in custody (unless at some point you asked to leave and they didn't let you) and did not have to be advised. Since that time, you have not been questioned, so again there was no need to read you your rights. They can use your statement and your letter against you in court. It is NEVER EVER a good idea to talk to the police (or hand over evidence to them) without a lawyer, even if you are innocent.
If your PD wants you to plea bargain, it might be because he can see the evidence against you is strong and your chances of convincing the jury you are innocent are slim. The plea bargain would probably be to a reduced charge, and your sentence would almost certainly be considerably shorter than the one you will get if you are convicted after a trial. When you consider whether you should accept a plea bargain, you should keep in mind that juries are really good at figuring out whether someone is lying or not.
You can't fire your PD and get a new PD unless you can prove he is being legally ineffective, which is hard to prove, or that you have become "embroiled in an irreconcilable conflict" with him. It's called a Marsden motion. They are almost never granted. Your only other choice is to hire an attorney, who may or may not be better than your PD.

 

[hutch64]

grateful

all answer all your questions. 1)when i heard the officer yelling at my boyfriend and telling him i was a suspect and could be have to stay the night. i then turned to the officer who was questioning me and asked him if i was being arressted he said he did not know. i then asked if i could please leave and he could call me later that i was tired and my kids were hungry he told me no, and had my boyfriend leave the police station. my question is this, is that considered detaining and in custody??? second answer is my pd hasn't called any of my witnesses and hasn't even investigated this case at all to see if i could be telling the truth and my employer lying. i have evidence of my employer lying to the california labor board commissioner. i have all kinds of documents disputing everything he has said. he has no witnesses only some documents that i to have and have the explanation for. my employer is only doing this because i went to the labor board. i am innocent of the crime i will not plea bargain i would rather do time believing in me and justice will be found. and so my question is this. 1 have my miranda rights been violated and can i have all statements and letters tossed out?. 2 can i bring what was said and put in writing from my employer to the labor board in as evidence.? and 3 when committing a crime do you have to show intent to commit the crime?

 

[calatty]

If you asked to leave and the officers did not let you, that would probably be considered custody. Your problem is that unless that is on tape, the officer will most likely deny it occurred. Second, the labor board documents are probably not relevant unless they can directly disprove your misuse of the the credit card. Third, yes, the prosecution has to prove that you had "criminal intent," but that has a very specific meaning.