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Miranda

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K

kcdallas

Guest
Probation and miranda rights

I was Picked up for a warrant with a $10,000 bond for a bad check. I was never read my rights nor was i ever advised of my rights to have an attorney and never was i given any advice except that i was on 1 yr probation should i not have been given the right to legal advice. Now this probation is costing me a fortune and i feel i would have taken a different path had an attorney someone who knew what was going on wouldve given me some advice.
Is there any chance of getting the probation canceled due to my rights being violated. I have not paid my fines because i have no job and 3 kids i am trying to feed. Yet my probation officer wants me to attend drug addiction evaluation at a cost of $100 and i am worried about losing my house. By the way i have never shown any signs to her of drug addiction, and feel there is no reason for this evaluation except to get more money from a poor and starving citizen. I am in the Ellis county,state of Texas.

[Edited by kcdallas on 01-03-2001 at 10:04 AM]
 


L

lawrat

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

You are seriously not telling the whole truth -- police dont arrest and issue probation. Even if your Miranda rights were not read to you, you should have been given this information at your arraignment/preliminary hearing and should have been repped by a Public Defender or been told you could seek a private attorney.

Police and courts don't give legal advice. That isn't their job.
 
K

kcdallas

Guest
The police didnt give me probation a judge did but i wasnt told about the attorney thing i was given a very legal document with a lot of wording i didnt understand and was told when i asked what it meant that they couldnt give legal advice but told o had to sign this piece of paper!!
I was never told anything and since have discovered that that piece of paper did away with my right to an attorney and i was never offered a public defender and was told nothing about having my own present!!
 
L

lawrat

Guest
Gotcha -- this is going to be rather easy for a lawyer to handle -- hopefully.

Basically, if they gave you this paper and you didn't understand, the JUDGE OR PROSECUTOR MUST EXPLAIN IT TO YOU!!! That IS their job. Now, if they didn't and you waived your consitutional rights, that waiver was in essence legally ineffective.


Hopefully, get a new attorney (hire one -- it will be worth it) to subpoena these transcripts showing no one explained these papers you were signing or your right to an attorney and go from there.

http://www.attorneypages.com
 

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