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Criminal Mischief & MIP

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nofx18

Guest
I was walking back from a friends house to my house and there were 3 cop cars waiting at another house. I wrote "**** cops" in the dust of the car with my finger (i know this was stupid). A cop was in another cop car which i didnt see and asked me to come over there. He asked me what i wrote and i told him and then 2 other cops came over. They asked me if i had anything to drink. I had 2 beers at my friends house and i told them this. I am 18. They didnt give me any sobriety tests. They also didnt read me my miranda rights. And they were threatning me to take me to jail and be raped by another person in jail. They also toke my cop car message out of context and asked me if i wanted to **** a cop. I said no. And they said they were going to arrange it.

what are my rights in this case and do should i plead guilty or not guilty?
and any other advice would be helpfull.
 


W

WBS

Guest
You have the right to be represented by a lawyer, and to have a lawyer appointed for you if you can not afford one. And you should get a lawyer immediately and let the lawyer try to save your self and your record. You were very stupid, as you recognize. The issue now is how can you get the thing to go away. And my guess is that on your own you can't.

The cops were ticked off, and you can't blame them. They have NO DUTY to give you a Miranda warning until they take you in custody, which they apparently did not do. Sounds as if they gave you a citation, requiring you to appear for a hearing or trial. That does not require a Miranda warning. I'm not sure what the charge was, but the beer, defacing property, abusive languange are some that come to mind. (They don't have to give you a sobriety test.)

They made the oldest threat in the book "we'll take you down to the station house (probably their right) and put you in a cell (their right) where another inmate will rape you (which the cops should but can't prevent; sometimes it happens)." Let a local pro tell you what to do know. It depends on the town, the cops and the procesutors. And for G-d's sake, stay clean.
 
N

nofx18

Guest
they also took my license and said it was suspended but when i called dmv they said my license was valid.

i went and filled a complaint but they still wont give me my license

what should i do
and does this give me any leverage in the case?
 
B

BB

Guest
The other guy gave you good advice. Take it. You're focussing on crap. Big deal, they took your license -- you can get a duplicate from DMV. But you have to get out of this mess, and thinking about getting "even" with the cops and the mistakes they may have made is going to get you in more trouble. Some one who knows the system has to set this right. You got yourself into this and someone else has to get you out.
 

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