searches

I would like to know if it is legal to be strip searched
before being read your Miranda rights. Also I was forced to a counselling center by a friend and they called the police and had me arrested for intoxication. I was non confrontational, they just did not know what to do with me. Is this legal? and does it break doctor/patient confidentiality laws? Any help would be greatly appreciated.

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Obviously there is a lot more to this story than meets the eye. Strip searches prior to arrest aren't usually done nor are they usually valid.

Were you in an airport by chance?


I think you should take this to a licensed attorney in your state to go over all issues. Try attorneypages.com or call your state bar association.

Illegal Search

I had been drinking and was depressed and was forced to go to the mental health counseling center by a friend. They said the hospital would not take me and called the police. I was taken to jail and when they went to take my fingerprints I asked them if I was being arrested. They said yes, for intoxication. I said "Don't you have to read me my rights?" and the police officer replied "I don't have to read you anything, but here's the first line. "You have the right to remain silent."
Then he walked away. It was right after this I was strip searched, given a breathalyzzer test and put in a cell. Also, they originally set my bail at $200.00 then two hours later after speaking to the justice they raised it to $2000.00 cash only with no additional charges. They said it was to proctect me because they were afraid I would harm myself. Can they do this?
I have still not received a citation or information and this happened on the 15th of November. Are they required to give one to me? I have never had any previous trouble with the law, but I live in rural Utah where drinking is strongly frowned upon and this may be a factor in all of this.

[Edited by capezio on 11-28-2000 at 07:37 PM]

The only thing I can add to what lawrat wrote is based on your second posting. Your state's laws will specify the time limits for the entire process, from the filing of charges, to the scheduling of an arraignment, pre-trial/preliminary hearing, trial and sentencing. At any time, the prosecutor can allow the court action to be "vacated" -- basically, they can just drop it and let it go. However, it's important to know that this doesn't mean that it's all a done deal.

As long as it didn't go through the whole process to a judgment, they still have the entire length of the statute of limitation to refile the charges. The statute of limitation on "intoxication" will vary from one state to another, but you should be able to find this out through your state's statutes, and these are probably on line somewhere. If not, you can usually find a copy at your local library.

Another way to find out would be to look through the yellow pages for a lawyer who will give a free consultation: some specifically state that they'll answer one legal question without charge, and will be happy to talk to you over the phone. But with these, once you've asked your question, your free time is up.

What state? In california, under a Gerstein hearing, you must be given some hearing at least 48 hours after arrest. When they raised your bail, were you present or was a Public Defender present? Was this at a hearing?


YOu really do need to get a lawyer. Try attorneypages.com and go from there. Also, think about seeking that counseling not only for yourself but also as a plea tactic (diversion programs california has them, many states might have them).

This was in Utah. I was present when they raised the bail.
The justice came to the jail to see me the next day, but I was still never given a citation or read my rights. I tried and am still trying to get them to give me a public defender. When I asked the first time he asked me how much I money I made ($8.00 Hr, 40 Hrs a week) and then said you can afford your own. I can't. He did not take into account any of the debt I owe. I made copies of all of my current bills, paycheck stubs, and bank account. They show I have about $100.00 per month left after bills. I took these to his office and have not been able to get an answer. I have been going to counselling but for myself, not as a plea tactic, but it might come in handy....Thanks for your answers.