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Audio/video wire

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Tamochino

Junior Member
I was arrested for 3rd offense driving on suspended. When I was arraigned the next morning they said I had a warrant for intent to distribute. I was let out on bond and later got indicted but I was never read my Miranda rights for the wire sale I got my motion of discovery and found out it was a friend he got me twice with the total amount of heroin being 1.2 grams he if a multiple time felon and did it for money and to get out of trouble they keep letting him out and he commits violent crimes and they get me for just a small amount . I was iam a addict and was just middle man it he has got it for me also but when this went down they didn't arrest me and if I never got picked up driving I still wouldn't know anything about this .. My question is there anyway I can get these audio/video tapes thrown out can I discredit him somehow and if they never read me my Miranda rights for the distribution charge can I get it thrown out
 


FlyingRon

Senior Member
You only need to be Mirandized if they want to question you after they take you into custody. Otherwise, they don't. They can arrest you and not question you or question you when you aren't arrested without Miranda.
 

quincy

Senior Member
...

My question is there anyway I can get these audio/video tapes thrown out can I discredit him somehow ...
What is the name of your state, Tamochino?

If there is any way to get the audio/video tapes excluded as evidence against you, and if there is any way to discredit the testimony of your friend, a criminal defense attorney in your area will know how to do this.

You need an attorney.
 

Tamochino

Junior Member
Wire

West Virginia I have a public defender and it doesn't seem like he is tryn very hard I wanna know what I should ask or say to get these things done
 

quincy

Senior Member
West Virginia I have a public defender and it doesn't seem like he is tryn very hard I wanna know what I should ask or say to get these things done
You need to rely on your public defender to do his job of defending you. However, I understand that some public defender's have large caseloads and cannot always devote as much time to a single case as a private attorney can.

Here is a link to West Virginia Rules of Evidence: http://www.courtswv.gov/legal-community/court-rules/evidence-rules/evidence-articles.html

You can scroll through, perhaps starting with Article IV, Relevancy and Its Limits, and go from there. If you find anything that you think might work, you can ask your attorney about it - this assuming he has not already considered attacking the admissibility of the audio/video recording (which he probably has).

Good luck.
 

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