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Charges, what to do?

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T

Tyrant

Guest
-me and my 4 other friends went to my one friends old house last night
-we were going there to get some belongings out of the shed, my other friend got a screwdriver out of his car to take the lock off the shed to get the belongings
-one started smoking weed
-about 1/2 hour later cops arrived, told us to get on knees and put hands on head and handcuffed us (none of the cops read our rights to any of us)
-we were taken back to the police station and questioned, all of us were fingerprinted and had pictures taken
-the cops found weed and tools in my friends car and a pipe in mine
-i was charged for tresspassing, "did knowingly or purposely posess a controlled substance", "did possess with intent to use drug paraphernalia(pipe that was in my car)"
-we left the police station at 4am after getting there at 12pm

in interrogation the cop asked me about cars and sheds being robbed, no miranda yet again.....he also offered to clear the charges if i rat someone out... so what should my next step be?
 


E

Erik2001

Guest
well....

don't even sweat it. and so what if they found tools on you, proves nothing... unless you got caught with stolen property. And was your friend with you when you 'tried to break in into his old house'? As far as drug charges you'll probably get fines, i doubt you'll even get probation. Mirandas don't really matter now because the judge ussually is the one who reads it to you not the police officers or detectives. By you being let go means they don't have nothing on you. They probably fingerprinted you because they had finger prints of people in the other shed robberies, so If you did do it then your f*cked. But with a good lawyer you can beat anything. My advice.. keep your mouth shut. And remember if they are interrogating you saying "i know you did this.. and I know you did.. cuz I found this.." dont listen to them. Just answer them with "if you know all that then why the hell are you still interrogating me??" you feel me?
 

calatty

Senior Member
Whether you are guilty of trespassing depends on how the law in your state defines trespassing. I don't see how you could be found guilty of possessing the drugs in your friend's car if your own car was there, unless there was residue in your pipe and your state allows conviction based on residue. Police officers (never judges) are required to read you your rights if you are in custody and they are going to interrogate you. If they don't, anything you say cannot be used against you in court (unless you get on the stand and give a contradictory story). It sounds like you were in custody when you were at the station. If the case goes to trial, your attorney will make a motion to suppress the statements you made. A Miranda violation does not mean you go free. Police often let people go and then come back later to arrest them. What you should do, assuming you have been formally charged with these offenses, is to get a lawyer and not listen to Erik2001.
 

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