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Would appreciate some advice

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M

Morphage

Guest
state: Maryland

situation: me (17) and my 2 of my friends (17 and 18) were driving up to frostburg university to visit our friends which we havn't seen in a while. me and my friends are all honor students in college and smoke just about everyday, so naturally we had weed, and tons of other paraphernalia with us. to get to the point, it's a 3 hour ride so we decided to smoke on the way. As we neared my friend was going fast, and got pulled over. The officers instructed us to get out of the car one by one as they put us in cuffs. They then searched the car and found lots of paraphernalia and some weed, my friends claimed all of it, although I had 2 items of paraphernalia. None of us personally had anything on us. After they were done searching they took us to the station, called our parents, etc. As they were going through all the paraphernalia right in front of me and my friend, I noticed they were picking up some of my things, so I said "some of paraphernalia is mine, by the way", hoping to get my friends out of a little trouble. It wasn't until about 30 before I left, and after we all admitted to everything, that the officer read me my rights.

Charges: Possession, 4 accounts of paraphernalia

Now, my friends took credit for all the weed and all the paraphernalia, I told the officer some of it was mine, and he put me down for half of it. I know it's not right the officer didn't read me my rights soon as he arrested me, but I'm not sure how I could use that to benefit myself in court. I'd really appreciate any help.
 


CdwJava

Senior Member
First, you need to get an attorney. Second, your statements help the prosecution, but they really don't need them ... the stuff was right there.

As for Miranda, we do NOT have to read them when we arrest you. If the officer asked you questions about the crime after you were arrested, then he should have read you your rights. If you simply volunteered the info, then that's your bad.

And if he got information outside of Miranda, the result would be the suppression of the statement and any evidence that resulted from that statement ... not much else. And I suspect they have plenty to hang the possession and paraphernalia charges on both of you without the statement.

Carl
 

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