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no phone call. no lawyer.

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abitofjames

Junior Member
Ocean City, Maryland.
I was arrested recently for possession of marijuana, and paraphernalia, in which i discussed in a previous post
https://forum.freeadvice.com/drug-charges-28/possession-charge-pipes-roach-found-friends-car-517377.html.
while in prison,the police did not allow me to make a phone call. i asked repeatedly for my phone call and the officer answered "not until you speak to the commissioner". when i finally did see the commissioner, she made me sign some papers and told me my charges. afterwards, i was free to leave, without being given my phone call.
i believe this was done so that they could get me to sign their papers without having called to have a lawyer present.
is this legal?
 


justalayman

Senior Member
well when you find a law that says you get a phone call, let me know.

If you did not want to sign anything without a lawyer present, you had that option. By signing without a lawyer present, you waived that right.

were you informed of your "Miranda" rights?
 
Did you plead not guilty and ask for lawyer?

Arraignments are where they typically appoint you a lawyer if you cant afford one. The reality is the PD was sitting right there, just not appointed at the time being.

You dont get a lawyer with you in jail.

You are entitled to one if you assert that for questioning... if they arent questioning you with you insisting on a lawyer... the lawyer would rather be somewhere else.

Where does your case stand right now?
 

abitofjames

Junior Member
well when you find a law that says you get a phone call, let me know.

If you did not want to sign anything without a lawyer present, you had that option. By signing without a lawyer present, you waived that right.

were you informed of your "Miranda" rights?
yes, the officer read me my Miranda rights before putting me in the squad car. the police refused to allow me to call a lawyer until i spoke with the commissioner. when i finally did see the commissioner, i had to sign paperwork. i feel as though it was a deliberate move on the part of the police department to forbid me my phone call so that i would sign their papers. all of this was irritating because i had committed no crime other than traveling with a stupid person with a filthy truck, which apparently is illegal. i even informed the officer that the items in the car were not mine.
 

abitofjames

Junior Member
Did you plead not guilty and ask for lawyer?

Arraignments are where they typically appoint you a lawyer if you cant afford one. The reality is the PD was sitting right there, just not appointed at the time being.

You dont get a lawyer with you in jail.

You are entitled to one if you assert that for questioning... if they arent questioning you with you insisting on a lawyer... the lawyer would rather be somewhere else.

Where does your case stand right now?
right now i am waiting for trial which will take place on the 16, of august. the only reason i feel uncomfortable with them depriving me the right to call a lawyer is that i actually had committed no crime. im not sure because this is my first time being arrested, but i imagine if i had a lawyer with me, they could have demonstrated my innocence, and save me a great deal of trouble.
 

Zigner

Senior Member, Non-Attorney
right now i am waiting for trial which will take place on the 16, of august. the only reason i feel uncomfortable with them depriving me the right to call a lawyer is that i actually had committed no crime. im not sure because this is my first time being arrested, but i imagine if i had a lawyer with me, they could have demonstrated my innocence, and save me a great deal of trouble.
That's where you're wrong. The trial is where your innocence or guilt is determined.
 

justalayman

Senior Member
yes, the officer read me my Miranda rights before putting me in the squad car. the police refused to allow me to call a lawyer until i spoke with the commissioner. when i finally did see the commissioner, i had to sign paperwork. i feel as though it was a deliberate move on the part of the police department to forbid me my phone call so that i would sign their papers. all of this was irritating because i had committed no crime other than traveling with a stupid person with a filthy truck, which apparently is illegal. i even informed the officer that the items in the car were not mine.
like I said, show me a law that requires you to get a phone call, especially when you decide you want to make one and we will both learn something new.

You had the option of exercising your rights. If you did not understand what you were signing, all you had to do is tell them you want an attorney to explain it to you before you signed it. You did not. You signed it. That means you waived your right to an attorney, for that, at that point.
 

BOR

Senior Member
like I said, show me a law that requires you to get a phone call, especially when you decide you want to make one and we will both learn something new.
I don't know about MD, but my book Court TV's Legal survival guide from the cradle, or such, I am not at home now, states CA has a law that a phone call (s) must be permitted within 3 hours of detention. Now until I read it, that is a cuff quote.

Basically the Constitution affords you the right to bail, although the 8th's provision of excessive bail has not been incorporated to the states.

Arranging bail or the services of an attorney requires outside communication.

MD may have a similar statutory provision or it can be ingrained in case law as a safeguard for prisoners?
 

Zigner

Senior Member, Non-Attorney
I don't know about MD, but my book Court TV's Legal survival guide from the cradle, or such, I am not at home now, states CA has a law that a phone call (s) must be permitted within 3 hours of detention. Now until I read it, that is a cuff quote.

Basically the Constitution affords you the right to bail, although the 8th's provision of excessive bail has not been incorporated to the states.

Arranging bail or the services of an attorney requires outside communication.

MD may have a similar statutory provision or it can be ingrained in case law as a safeguard for prisoners?
BOR - you know better than that :confused:
 

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