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lukewarm

Guest
What is the name of your state? new jersey

okay here goes I have been awaiting trial for almost 7 years because of co-defendants i have a pool lawyer. Here is the scenario i have a Miranda hearing in which i was interrogated for 14 hours even after saying i wanted a lawyer more then once twice thrice...well u get the idea. I have several concerns:

1) The judge already did one Miranda hearing for a co-defendant and denied him.
2) I was picked up a week before with the cops saying we need to ask u a few questions. But when asked if I could leave they would say one more question ,one more question, etc.etc. They said I was not under arrest but i was a good 15 miles from my house . But free to leave at any time? How no co-operation no ride.
3)How repetitious is it for a Miranda hearing I mean does the judge really view the evidence?
4)Is it possible to get this escalated to a higher court because of the validity of the case?
5)Are the any lawyers out there that strictly deal with Miranda perhaps pro bono if possible or payments i will pay for the rest of my life if need be.
6)can i ask that my Miranda hearing not be in that district at all perhaps a appeals or supreme court based on what i have read with the Miranda case.
7)one of the co-defendants had a previous armed robbery that had nothing to do with me and made a deal with the prosecutors that involved him turning in a non-firing gun the next day that was supposed to be the gun. Can that evidence be used to revoke his plea.

I know this seems like a lot and I doubt if anyone cares but I figured i would ask a lot changes in almost 7 years I have my life on track I knew the wrong people at the wrong time. Now I am asking for help from and and all lawyers that will help me. I would be eternally grateful for the help that I desperately seek. I thank you all for your responses and I will thank each and every lawyer willing to help.

Sorry for the previous errors I will keep it clean now. Again Thanks to all for helping me.:)
 


L

lukewarm

Guest
thank you for when you get a chance

I am going home for the day I thank you all for your help thus far. And I am sorry to those I offended your help would be very appreciated thank you again. Have a good night everyone.
 
L

lukewarm

Guest
lol thanks guru :D

i just made the thread so the errors were gone the same questions are still there can ya help me please?:(
 
B

Boxcarbill

Guest
lukewarm said:
What is the name of your state? new jersey

okay here goes I have been awaiting trial for almost 7 years because of co-defendants i have a pool lawyer. Here is the scenario i have a Miranda hearing in which i was interrogated for 14 hours even after saying i wanted a lawyer more then once twice thrice...well u get the idea. I have several concerns:

________________________________________________

My response. I have answered these questions before, although I did not break them down by number. You didn't like my answers. I will break them down my response by number but you still will not like my response.

___________________________________________________

1) The judge already did one Miranda hearing for a co-defendant and denied him.

My response is I don''t have a helluva lot to say here except to say, yes, I read it.

_________________________________________________

2) I was picked up a week before with the cops saying we need to ask u a few questions. But when asked if I could leave they would say one more question ,one more question, etc.etc. They said I was not under arrest but i was a good 15 miles from my house . But free to leave at any time? How no co-operation no ride.

My response. They told you that you were not under arrest. That means that you were free to go. That means in legal terms that you were not under "custodial interrogation." There is no need to advise someone of their Miranda rights unless there is a "custodial interrogation." You were free to leave. The fact that you were 15 miles from your house in irrelevant to your freedom to leave. The police are not under an obligation to provide transportation. It is up to you to call a friend; take a bus; call a cab; walk; hitch hike or whatever. The fact that you did not want to walk, had to money for transportation, had no friend or family with transportation does not change the fact that you were free to leave. You were also free to stay and answer questions or to keep your mouth shut.

_________________________________________________

3)How repetitious is it for a Miranda hearing I mean does the judge really view the evidence?

My response: The judge listens to testimony and makes a ruling.

_______________________________________________

4)Is it possible to get this escalated to a higher court because of the validity of the case?

My response:

The trial court hears the case first. Then the case can be an appeal up to the appellate court and then up to Sup. Ct.

__________________________________________________

5)Are the any lawyers out there that strictly deal with Miranda perhaps pro bono if possible or payments i will pay for the rest of my life if need be.

My response:

The Miranda warning deals with constitutional rights of the criminally accused. Criminal defense lawyers deal with all the rights of the accused. Because the accused has a constitutional right to attorney, if they cannot afford to hir one, then one is appointed. An attorney is not going to handle a criminal case pro bono since the accused has a right to attorney at state expense if they cannot afford one. The exception is a very high profile case in which a criminal defense attorney will take pro bono because they want the publicity that is attached to the case. Your case does not rise to that level of a Scott Peterson or Andrea Yates.

___________________________________________________

6)can i ask that my Miranda hearing not be in that district at all perhaps a appeals or supreme court based on what i have read with the Miranda case.

My response:
No. There is an order and that order is trial court, appellate court and supreme court and the same order on the federal level: federal district court, Ct of Appeal and U.S.S.C..

___________________________________________________

7)one of the co-defendants had a previous armed robbery that had nothing to do with me and made a deal with the prosecutors that involved him turning in a non-firing gun the next day that was supposed to be the gun. Can that evidence be used to revoke his plea.

My response:

I have no idea why you are asking this if it has nothing to do with your case. It is irrelevant but if part of his plea bargain involved turning in the weapon, then turning in the weapon was part of the plea agreement terms. So it follows that, no, compliance with the terms of the plea agreement would not revoke the plea agreement. Failure to comply with the plea bargain agreement would negate the agreement.

___________________________________________________

I know this seems like a lot and I doubt if anyone cares but I figured i would ask a lot changes in almost 7 years I have my life on track I knew the wrong people at the wrong time. Now I am asking for help from and and all lawyers that will help me. I would be eternally grateful for the help that I desperately seek. I thank you all for your responses and I will thank each and every lawyer willing to help.

Sorry for the previous errors I will keep it clean now. Again Thanks to all for helping me.:)
My response: The help that you need is from a licensed attorney to practice law in your state. If you cannot afford an attorney one will be appointed to represent you. That is the attorney who is in the position to actually help you. But that lawyer is confined to the law and he will lose at a pretrial hearing to exclude your confession because you were not under custodial interrogation. You were free to leave at any time. Now, you can get mad at me and tell me that this is my personal opinion and that you are looking for real legal opinions and that I need to read some Miranda cases so that I'll know what I'm talking about because I obviously don't and that you hate me and the goat that I rode up on but this is my last response on the subject. You have my response.
 
L

lukewarm

Guest
bcb

Thank you again I am not mad in any way shape or form I asked for answers and you gave them to my I like honesty and you are straight forward.

In my other post if you wanna see what case I am referring to I am more then happy to give the associated urls to you. It was high profile for that state.

Thank you again.
 

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