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Miranda rights Arrest

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client22

Junior Member
What is the name of your state? Texas
Iwas a manager in a restraunt me and the owner didn't see eye to eye, one night the owner walks in tell me Iam fired I tell him he was going to listen to what I had to say, the owner grabs me and throws me to the wall I state get your f@$$%%ing hands off of me and break loose and I walk to a pay phone and call the law, an officer shows up He was giving a ticket for assualt and I was giving a ticket for disorderly conduct, my question is the night I recieved a ticket was my miranda right suppose to be told to me,since this was a crimanal case? I went to the clerk of courts and asked for a public defender and was luaghed at and told me they had none. so I represented myself before a judge and jury, the judge read me my rights before the proceedings,I hung the jury in these proceedings, the d.a. and the judge were laughing and the d.a. stated to the judge he would get me next time and asked for a retrail. again I show up before the judge and a new jury, I was question the officer that came to the restraunt the night in question and asked him who all he investigated, he told me alot of witnesses but his police reported stated just me and the owner, I held the police report to the jury above my head and started to tell the the truth but the d.a. kept stateing OBJECTION YOUR HONOR, well the judge sided with the d.a. on his objection becuase I didn't present it as evidence before trail, anyways the jury found me guilty and fines me one dollar plus court cost. I just feel my rights were really stomped on,I don't want to leave this alone if my rights were provoked any suggestions?My real question was who peace did I disturb by tell a man to let go of me in a public building it was one curse word but it wasn't in the context of a fighting word.
 
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CdwJava

Senior Member
It sounds like he told you to leave and you refused .. you caused a scene. he got his for assault, you got yours for causing a scene.

Oh, and a police report is not evidence. So of course the DA objected to it and of course the judge affirmed the objection.

You got your chance in court. If you want to appeal it, get the money together and hire an attorney. If you intend to appeal it yourself, you are going to need to do a LOT of self education in a very short period of time.

- Carl
 

client22

Junior Member
Carl you are really fast to judge, I have a good head on my shoulders I used a good judgement the night in question, I never raised my voice to anyone,until my head got bashed up against a wall, and the ticket can be considered evidence if the officer in question didn't state all his witnesses on there as he was stating to the jury the judge throew it out because I didn't give it to the d.a. before the proceeding so the d.a. didn't have time to look it over. my question was not to form an opinion on me, was my miranda right suppose to be read to me the night I got the ticket.
 

CdwJava

Senior Member
client22 said:
Carl you are really fast to judge, I have a good head on my shoulders I used a good judgement the night in question, I never raised my voice to anyone,until my head got bashed up against a wall, and the ticket can be considered evidence if the officer in question didn't state all his witnesses on there as he was stating to the jury the judge throew it out because I didn't give it to the d.a. before the proceeding so the d.a. didn't have time to look it over. my question was not to form an opinion on me, was my miranda right suppose to be read to me the night I got the ticket.
I didn't judge. I simply stated the way it fell out. You are accused of causing a scene ... your boss is accused of assault. He was cited for assault, and you were cited for the disorderly conduct.

No, Miranda was not required prior to your ticket. Miranda requires BOTH custody and interrogation. Apparently you weren't in custody when you were interviewed. When the police got there, I imagine they asked everyone what happened. After you and your boss said your respective pieces, the cites were issued.

- Carl
 

garrula lingua

Senior Member
Carl is right.
Also, the police report isn't intended to recite ALL the facts regarding an incident; just sufficient to record the event, support the charge (PC), ID the defendant, and allow the officer to remember the facts.

Not all wits are stated in the original police report.

Sounds like you did an outstanding job in court. The $1 fine shows you impressed the court; you should be celebrating. Appears the law was against you, but you were very convincing as to your reasons. You did a great job.
Congratulations.
 

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