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mistaken

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dobirdman

Guest
I was recently charged with committing a felonious act. The police called me and asked me to come in and talk to them because they were doing a criminal investigation and my name came up. Despite several requests, the officer would not tell me why I was being asked to come in. I went in the next day and two police officers, without reading me my rights, immediately began questioning me in the interrogation room. After denying everything for a while, I couldn't handle it anymore and gave an incriminating statement because I just wasn't prepared for what had just occurred. The incident had occurred over 1 year ago and was a blur in my memory. I was questioned about an incident that occurred on July 3, 1999 and when I was arraigned, the dates encompassed July 1-July 5. After thinking about it, I realized that I had been in Ocean City MD during that entire time period. My public defender, I couldn't afford an attorney, said that when I introduce my alibi as defense, the DA can amend the charges to include a several month long period. Is this so, of does my PD just not want to go to trial? Also, considering the violation of my Miranda rights and the fact that the police lured me into the station by never telling me what I would be questioned about, what do you think my chances of beating this thing are? One last thing. When I was arraigned, the night court judge made electronic monitoring part of my bail conditions because he said that I had violated probation. Problem is that I wasn't on probation at the time of the incident. Is this unlawful detainment, and if so should I be entitled to compensation or should this count towards time served if I am convicted?
 


T

Tracey

Guest
Your Miranda rights weren't violated because you came in voluntarily & could have left at any time. Your only hope is to convince a judge your confession was coerced. If you lose there, you'll have to try to convince a jury the cops coerced you & get them to discount your statement. Not likely.

If you want the monitoring taken off, you'll have to file a motion to modify conditions of pre-trial release. Monitoring does not count as confinement.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws. [email protected] - please include some facts so I know who you are!
 
B

Birdman

Guest
That's kind of what I figured, but the truth is that I was not free to leave at anytime. Several times during the interrogation, the police threatened to detain me solely based upon accusations of things I didn't do. There are two things necassary to warrant a reading of Miranda rights to a suspect. Those two things are interrogation and custody. There is no doubt that I was interrogated. The term "custody" in this case is not what it appears. One definition is "Would any regular human being feel that they were free to leave in the same situation?" I believe the answer to that is no. Two, where did the interrogation take place? If it was done in a hostile, unfamiliar environment, that is considered custody. The cops made it a point as I picked at the padding on the arm of the chair that they have done that to many people in that very room. So yes, I also feel I was in custody. I appreciate the reply, I just need to hear some honest opinions. I've already been offered a plea bargain of 10-23 months in the county with work release, but I feel I can do better.
 

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