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can i get my charges thrown out?

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stylstandyn05

Junior Member
What is the name of your state?south carolina
I am a 20 year old criminal justice student who got caught up in his past life. in october i was arrested during a traffic stop on a bench warrant stemming from some traffic tickets, obviously they arrested me and searched my vehicle (never read miranda rights). during the search they found several bags of marijuana and several bags of crystal methamphetamine also theres was an unusually large amount of money. i was charged with poss. of meth. w/ intent to distribute, poss. of meth. w/ intent to distribute in close proximity to school, poss. of marijuana w/ intent to distribute and poss. of marijuana w/ intent to dist. in close proximity to school along with some smaller less important charges. during my 11 days in jail, i realized that the statutes were wrong on my meth. warrants, there was no judges code on the bottom, and 3 of those 4 were worded wrong. i am now onhouse arrest awaiting my trial. i could be facing up to 12 yrs in prison, would any of these things have any affect on my case?
 


Curt581

Senior Member
stylstandyn05 said:
Can i get my charges thrown out?
Sure. Just go down there and tell them that you'd like the charges thrown out. I'm sure they'll be happy to oblige.

:rolleyes:

I am a 20 year old criminal justice student who got caught up in his past life.
No, you were caught up in "this" life. You would've had to die to make it a "past life".
in october i was arrested during a traffic stop on a bench warrant stemming from some traffic tickets, obviously they arrested me and searched my vehicle (never read miranda rights)
They don't have to.

during the search they found several bags of marijuana and several bags of crystal methamphetamine also theres was an unusually large amount of money. i was charged with poss. of meth. w/ intent to distribute, poss. of meth. w/ intent to distribute in close proximity to school, poss. of marijuana w/ intent to distribute and poss. of marijuana w/ intent to dist. in close proximity to school along with some smaller less important charges. during my 11 days in jail, i realized that the statutes were wrong on my meth. warrants, there was no judges code on the bottom, and 3 of those 4 were worded wrong. i am now onhouse arrest awaiting my trial. i could be facing up to 12 yrs in prison, would any of these things have any affect on my case?
Extremely doubtful.

The arrest was in good faith, based on what were believed to be valid warrants (and still could be valid warrants).

The search was incident to a lawful arrest and vehicle inventory.

Don't forget your toothbrush on your sentencing date.

___________________________________________________

1*
 

JETX

Senior Member
stylstandyn05 said:
would any of these things have any affect on my case?
Absolutely!!! Just go to court, stand up tall and, in a realy whiney voice, tell them "Gee, it was all a mistake!! I didn't mean to get caught!!!".
Oh, and kiss your 'criminal justice' career goodbye... you have converted it into a 'criminal' career!!
 

stylstandyn05

Junior Member
what idiots...

first of all, when i said "past life" i was referring to the way i have lived from age 15 to 18, i was out of that "life" for 2 years but got back into it.....second of all, if i wanted smart comments from some ignorant ******* that obviously didnt have a REAL answer to my questions; I would have saved myself a lot of typing and just stated that in my thread. thanks and have a nice day! :)
 
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stylstandyn05

Junior Member
curt 581

yes, they do have to read miranda rights. it is the right to the fifth ammendment of the constitution. study MIRANDA vs. ARKANSAS.....anytime an individual is placed under the custody of a police officer, the right to the fifth ammendment must be stated or any evidence obtained after time of arrest is considered unlawful evidence in the court of law. being that they placed me under arrest for a bench warrant and DUS before the car was searched; they obviously obtained the drug evidence after my arrest. either way, rights were never read and i never confessed to anything.
 

LIKE ME!

Junior Member
stylstandyn05 said:
yes, they do have to read miranda rights. it is the right to the fifth ammendment of the constitution. study MIRANDA vs. ARKANSAS.....anytime an individual is placed under the custody of a police officer, the right to the fifth ammendment must be stated or any evidence obtained after time of arrest is considered unlawful evidence in the court of law. being that they placed me under arrest for a bench warrant and DUS before the car was searched; they obviously obtained the drug evidence after my arrest. either way, rights were never read and i never confessed to anything.

Please point me to the cite of "MIRANDA vs. ARKANSAS".
 

stylstandyn05

Junior Member
..

i'll bet you anything you want that this case doesnt make it past the preliminary, and even if it did, i know that i will not receive jail time. i have an extremely good lawyer that has already worked wonders for me. first of all, i wasnt allowed to be bonded out, then, after a week in jail; they set my bond at $75000, when i saw the judge, my bond was dropped to $1500 and i was released that day on house arrest without an ankle bracelet. second of all, my lawyer told the arresting officer he was ignorant and must be a rookie that same day in front of the judge because his paperwork was so bad. at that time, he handed my warrant for manufacturing methamphetamines to the judge and it was automatically thrown in the trash. so obviously, im not as stupid as you think i am. I'll make sure i post my results on here so you'll feel like your the one that got
 
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rmet4nzkx

Senior Member
Well you thought you could get a cj degree and work the system, you aren't smart enough as you have recently learned. While you may not like the advice you have got here each has been appropriate in part. They do like fresh meat so you will have more attention once you get to prison that you can immagine. Don't worry, 12 years will fly by.
 

LIKE ME!

Junior Member
stylstandyn05 said:
i'll bet you anything you want that this case doesnt make it past the preliminary, and even if it did, i know that i will not receive jail time. i have an extremely good lawyer that has already worked wonders for me. first of all, i wasnt allowed to be bonded out, then, after a week in jail; they set my bond at $75000, when i saw the judge, my bond was dropped to $1500 and i was released that day on house arrest without an ankle bracelet. second of all, my lawyer told the arresting officer he was ignorant and must be a rookie that same day in front of the judge because his paperwork was so bad. at that time, he handed my warrant for manufacturing methamphetamines to the judge and it was automatically thrown in the trash. so obviously, im not as stupid as you think i am. I'll make sure i post my results on here so you'll feel like your the one that got "QUOTE]


Just as I thought . . . and knew! There is no Miranda vs. Arkansas. You really are a dummy! At first, you were on "custodial detention", and the cop was doing an approved "inventory" of your car. Then, the cop found the drugs incident to the "inventory."
 
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rmet4nzkx

Senior Member
Here is some information about your future home. :)
SCDC Institutions

The S. C. Department of Corrections’ twenty-nine prisons are categorized into four distinct security levels: high security (level 3), medium security (level 2), minimum security (level 1B) and community-based pre-release/work centers (level 1A). The architectural design of the institution, type of housing, operational procedures, and the level of security staffing determine an institution’s security level. Inmates are assigned to institutions to meet their specific security, programming, medical, educational, and work requirements.

LEVEL 1-A (L1-A)
Level 1-A facilities are community-based pre-release/work centers that house minimum-security non-violent inmates who are within 36 months of release. These units are work and program oriented, providing intensive specialized programs that prepare the inmates for release to the community. Housing is mainly double bunk, open-bay wards with unfenced perimeters.

LEVEL 1-B (L1-B)
Level 1-B institutions are minimum-security facilities that house inmates with relatively short sentences or time to serve. Housing is mainly double bunk cubicles with unfenced perimeters. Operational procedures at Level 1-B facilities impart a higher level of security compared to level 1-A facilities.

LEVEL 2 (L2)
Level 2 facilities are medium-security institutions. Housing is primarily double bunk, cell type with some institutions having double-bunk cubicles. With single fenced perimeters and electronic surveillance, level 2 institutions provide a higher level of security than level 1 facilities.

LEVEL 3 (L3)
Level 3 facilities are high-security institutions designed primarily to house violent offenders with longer sentences, and inmates who exhibit behavioral problems. Housing consists of single and double cells, and all perimeters are double-fenced with extensive electronic surveillance. Inmates at level 3 facilities are closely supervised and their activities and movement within the institution are highly restricted.

INSTITUTIONAL LISTING


Headquarters
P. O. Box 21787/4444 Broad River Road
Columbia, SC 29210
803-896-8500
[email protected]

Allendale Correctional Institution (L2)
George Hagan, Warden
1057 Revolutionary Trail
Fairfax, SC 29827
803-632-2561
Mailing Address:
P. O. Box 1151
Fairfax. SC 29827

Broad River Correctional Institution (L3)
William White, Warden
4460 Broad River Road
Columbia, Sc 29210
803-896-2200

Camille Griffin Graham Correctional Institution (Women L3)
Judy Anderson, Warden
4450 Broad River Road
Columbia, SC 29210
803-896-8590

Campbell Pre-Release Center (L1-A)
Robert Stevenson, Warden
4530 Broad River Road
Columbia, SC 29210
803-896-8560

Catawba Pre-Release Center (L1-A)
Glenn Stone, Warden
1030 Milling Road
Rock Hill, SC 29730
803-324-5361

Coastal Pre-Release Center (L1-A)
Mildred Hudson, Warden
3765 Leeds Avenue
Charleston, SC 29405
843-740-1630 or 843-792-4173

Evans Correctional Institution (L3)
Willie Eagleton, Warden
610 Highway 9 West
Bennettsville, SC 29512
843-479-4181
Mailing Address:
P.O. 2951202
Bennettsville, SC 29512

Goodman Correctional Institution (Women L1-B)
Jannita Gaston, Warden
4456 Broad River Road
Columbia, SC 29210
803-896-8565

Kershaw Correctional Institution (L2)
Oscar Faulkenberry, Warden
4848 Goldmine Highway
Kershaw, SC 29067
803-475-5770

Kirkland Reception and Evaluation Center (L3)
Bernard McKie, Warden
4344 Broad River Road
Columbia, SC 29210
803-896-8572

Leath Correctional Institution (Women L3)
Catherine Kendall, Warden
2809 Airport Road
Greenwood, SC 29649
803-896-1000 or 864-229-5709

Lee Correctional Institution (L3)
Anthony Padula, Warden
990 Wisacky Highway
Bishopville, SC 29010
803-428-2800

Lieber Correctional Institution (L3)
Stan Burtt, Warden
136 Wilborn Avenue
P.O. Box 205
Ridgeville, SC 29472
843-875-3332

Livesay Pre-Release Center (L1-A)
Robert Mauney, Warden
104 Broadcast Drive
Spartanburg, SC 29303
864-594-4920
Mailing Address:
P.O. Box 580
Una, SC 29378




Lower Savannah Pre-Release Center (L1-A)
John McCall, Warden
361 Wire Road
Aiken, SC 29801
803-648-8865

MacDougall Correctional Institution (L2)
Edsel Taylor, Warden
1516 Old Gilliard Road
Ridgeville, SC 29472
843-688-5251

Manning Correctional Institution (L1-B)
Raymond Reed, Interim Warden
502 Beckman Drive
Columbia, SC 29203
803-935-7248

McCormick Correctional Institution (L3)
Colie Rushton, Warden
386 Redemption Way
McCormick, SC 29899
864-443-2114

Northside Correctional Institution (L1-B)
Robert Mauney, Warden
504 Broadcast Drive
Spartanburg, SC 29303
864-594-4915
Mailing Address:
P.O. Box 580
Una, SC 29378

Palmer Pre-Release Center (L1-A)
David Dunlap, Warden
2012 Pisgah Road
Florence, SC 29501
843-661-4770

Perry Correctional Institution (L3)
Richard Bazzle, Warden
430 Oaklawn Road
Pelzer, SC 29669
864-243-4700

Ridgeland Correctional Institution (L2)
P. Douglas Taylor, Warden
Route 2, Box 7, East Frontage Road
Ridgeland, SC 29936
803-896-3200
Mailing Address:
P. O. Box 2039
Ridgeland, SC 29936

Stevenson Correctional Institution (L1-B)
Elaine Robinson, Warden
4546 Broad River Road
Columbia, SC 29210
803-896-8575

Trenton Correctional Institution (L2)
Robert Bollinger, Warden
84 Greenhouse Road
Box 1000
Trenton, SC 29847
803-896-3000

Turbeville Correctional Institution (L2)
Mike Sheedy, Warden
Highway 378
Turbeville, SC 29162
843-659-4800
Mailing Address:
P. O. Box 252
Turbeville, SC 29162

Tyger River Correctional Institution (L2)
Tim Riley, Warden
100-200 Prison Road
Enoree, SC 29355
803-896-3501,
864-583-6056 or 864-596-1600

Walden Correctional Institution (L1-B)
Elaine Pinson, Warden
4340 Broad River Road
Columbia, SC 29210
803-896-8580

Wateree River Correctional Institution (L2)
Joel Anderson, Warden
Highway 261
Rembert, SC 29128
803-432-6191
Mailing Address:
P. O. Box 189
Rembert, SC 29128

Watkins Pre-Release Center (L1-A)
Sandy Barrett, Warden
1700 St. Andrews Terrace
Columbia, SC 29210
803-896-8584
 

JETX

Senior Member
Your post is full of so much CRAP it is hard to figure out where to start!!!

stylstandyn05 said:
it is the right to the fifth ammendment of the constitution
That is NOT true. In fact, there is some discussion in the Supreme Court as to whether the Miranda warning is an obligation of the Constitution at all.
In 'Dickerson v. United States (2000)' the validity of Congress's overruling of Miranda was tested. At issue was whether the Miranda warnings were actually compelled by the U.S. Constitution, or were rather merely prophylactic measures enacted as a matter of judicial policy.

In Dickerson, the Court held 7-2 that the Miranda warnings were indeed required by the Constitution, speaking through Chief Justice William H. Rehnquist. In dissent, Justice Antonin Scalia argued that the Miranda warnings were not constitutional in nature, citing cases where the Court held the Miranda warnings to be unnecessary.

study MIRANDA vs. ARKANSAS.
ROTFLMAO!!!
The case was 'Miranda v. ARIZONA', you nitwit!!

being that they placed me under arrest for a bench warrant and DUS before the car was searched; they obviously obtained the drug evidence after my arrest. either way, rights were never read and i never confessed to anything.
From your own post:
"in october i was arrested during a traffic stop on a bench warrant stemming from some traffic tickets", so the traffic stop and subsequent arrest were valid... and no Miranda required.

Further, "they arrested me and searched my vehicle.... during the search they found several bags of marijuana and several bags of crystal methamphetamine".
As the search was incident to the arrest, and further required due to the impounding of your vehicle, no Miranda was required again. There is NOTHING in your post to indicate any failure or misapplication by the officers.

From your subsequent post(s), it is clear from your ignorance in the Miranda requirements that you would likely have flunked out of 'criminal justice' anyway. :eek:
 

CdwJava

Senior Member
stylstandyn05 said:
yes, they do have to read miranda rights. it is the right to the fifth ammendment of the constitution. study MIRANDA vs. ARKANSAS.....anytime an individual is placed under the custody of a police officer, the right to the fifth ammendment must be stated or any evidence obtained after time of arrest is considered unlawful evidence in the court of law. being that they placed me under arrest for a bench warrant and DUS before the car was searched; they obviously obtained the drug evidence after my arrest. either way, rights were never read and i never confessed to anything.
Wrong, wrong, wrong.

BOTH custody and interrogation must exist before Miranda is required. Only on TV and in some few agencies (NYPD apparently being one of them) is it POLICY (not law) to read an arrestee their Miranda rights when the cuffs are slapped on.

From CPOLS:
Understand, however, that both "custody" and "interrogation" must co- exist, at the same time, before you have to worry about the Miranda decision. (Edwards (1981) 451 U.S. 477, 481-482; Mathis (1968) 391 U.S. 1, 5; Joseph R. (1998) 65 Cal.App.4th 954, 960-961.) "Absent 'custodial interrogation,' Miranda simply does not come into play." (Mickey (1991) 54 Cal.3d 612, 648; Mayfield (1997) 14 Cal.4th 668, 732.) This means, among other things, that neither Miranda right (silence or counsel) can be asserted "anticipatorily," i.e., before both "custody" and "interrogation" exist. (McNeil (1991) 501 U.S. 171, 182, fn. 3; Calderon (1997) 54 Cal.App.4th 766, 770; Avila (1999) 75 Cal.App.4th 416, 418, 422; Beltran (1999) 75 Cal.App.4th 425, 431.)

- Carl
 

Curt581

Senior Member
stylstandyn05 said:
yes, they do have to read miranda rights. it is the right to the fifth ammendment of the constitution. study MIRANDA vs. ARKANSAS.....anytime an individual is placed under the custody of a police officer, the right to the fifth ammendment must be stated or any evidence obtained after time of arrest is considered unlawful evidence in the court of law. being that they placed me under arrest for a bench warrant and DUS before the car was searched; they obviously obtained the drug evidence after my arrest. either way, rights were never read and i never confessed to anything.
FALSE

Another case where a little bit of knowledge is a dangerous thing. You know just enough to thoroughly screw yourself.

Miranda is required in situations involving Custody AND Interrogation. If the cops didn't ask you questions, Miranda rules are irrelevant.

Even if they did ask questions, only those answers would be excluded, it would NOT result in the entire case thrown out.

Since you've already got a lawyer, why don't you ask him these questions?

Or did he give you the same answers we did, and you just didn't like them?

:rolleyes:

___________________________________________________

1*
 

outonbail

Senior Member
It's incredible how many people come to this site to ask questions and then refuse to accept the answers they receive. They almost always claim they are being judged and ridiculed by idiots. Then, as if their disbelief and hurt feelings aren't baffling enough, they always claim they have all the answers to the questions they posted anyway?

If this was actually the case, why the hell would anyone bother wasting the time to search for a site offering free legal advise, to ask a bunch of questions they know the answer to? Is there just a large group of our country's population that's so lacking in self confidence that they need reassurance or is there an epidemic of obsessive compulsive disorders going around?

I know how to change the oil in my vehicle, so it strikes me as being completely asinine and a total waste of my time to search for some auto repair forum, so I can ask how to change my oil......
 
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