Wrong vehicle info on citation, no Miranda read, no seat belt in police vehicle

[Samnab]

What is the name of your state (only U.S. law)? Georgia

 

[HighwayMan]

Try again, and don't preview your post.

On the surface, you do NOT need to be Mirandized - that's for the movies.

 

[Samnab]

arresting officer made mistakes

I was pulled over for improper turning and later got arrested for possession of marijuana less than an ounce.

When the officer arrested me, he did not state my right yet he went on to interrogate me about my employment while I was in cuffs. He put me in his police vehicle and almost drove off with consideration of my safety until I asked him about my seat belt. On the citations he wrote, the license plate number was wrong, and the model and year of the vehicle are wrong also.

He charged me with Improper Turning and Misdemeanor Possession of marijuana (Conditional Discharge).

In about 3weeks I will be in court for the hearing. My intention is to go with the flow and enter into guilty plea for Conditional Discharge under the Georgia First Offenders Act since this is my first offense. I will probably get a fine, probation or community service which I don't mind. That is if the judge approves the conditional discharge.

But of course, I will be glad if the whole case gets thrown out of the door since the arresting officer made some mistakes also.

Should I get an attorney to fight this or it will be a waste of time and money.

Thanks for reading this.

 

[FlyingRon]

Clerical errors aren't going to mean a hill of beans. Neither are you going to get out of your criminal charge because you felt you should have been treated nicer during the arrest. You can certainly make a complaint to the department, but it will mean nothing to your criminal case (and since you appear to have no damages sustained as a result of the handling, you've got no civil action either).

You need an attorney.

Most likely what you consider "custodial interrogation" wasn't really. Your lawyer probably could have anything that came out after the arrest where Miranda was required suppressed, but it sounds like they didn't really ask you anything related to the crime. Your identifying information (Name, address, occupation, employer) isn't "interrogation."

 

[Samnab]

Why need an attorney

So why do I need an attorney if I do not have anything to fight over. I have been charged with Georgia "16-13-2" which I understand is a "Conditional Discharge" for first time offenders of "marijuana Possession of an ounce or less". As this is the case, do I still need an attorney? What difference will it make?

Thanks again.

 

[FlyingRon]

So why do I need an attorney if I do not have anything to fight over. I have been charged with Georgia "16-13-2" which I understand is a "Conditional Discharge" for first time offenders of "marijuana Possession of an ounce or less". As this is the case, do I still need an attorney? What difference will it make?

Thanks again.

Because you appear to not understand the process and you won't be able to ask on the internet during your trial when you're going down in flames for help.

Understand when the law says "MAY" it means it is discretionary, not required. There's no guarantee of your conditional discharge. I'd at least talk to a local lawyer to see if that is something the court you're appearing in routinely approves.

 

[dave33]

So why do I need an attorney if I do not have anything to fight over. I have been charged with Georgia "16-13-2" which I understand is a "Conditional Discharge" for first time offenders of "marijuana Possession of an ounce or less". As this is the case, do I still need an attorney? What difference will it make?

Thanks again.

You may want to understand the full ramifications of a guilty plea. I'm not familiar with Georgia but to venture a guess it may include but is not limited to (ha,ha) substance abuse counselor, drug testing, community service, probation supervision and many others of which you will have to cover the costs. goodluck.

 

[TigerD]

Clerical errors aren't going to mean a hill of beans. Neither are you going to get out of your criminal charge because you felt you should have been treated nicer during the arrest. You can certainly make a complaint to the department, but it will mean nothing to your criminal case (and since you appear to have no damages sustained as a result of the handling, you've got no civil action either).

You need an attorney.

Most likely what you consider "custodial interrogation" wasn't really. Your lawyer probably could have anything that came out after the arrest where Miranda was required suppressed, but it sounds like they didn't really ask you anything related to the crime. Your identifying information (Name, address, occupation, employer) isn't "interrogation."

I agree whole heartedly that the OP needs an attorney. But clerical errors and seat belt issues are indices that the officer was not paying attention. A good defense attorney can use things like that to either win a case or get a better resolution. The OP completely skipped how the encounter went from a traffic stop to a drug arrest. That is important. But he needs to have his case reviewed and handled by a criminal defense attorney.

TD