Crystal.method Posted February 23, 2007 Share Posted February 23, 2007 Hey i reciently got arrested for graffiti. Only 2 charges. loitering and criminal mischief. both misdemeners. Im got a courtdate and i didnt have to pay bail cause i got a bitch that booked me and cited me cause her son wrote. BUT they didnt read me my mirada writes when they arrested me. can i get the case dropped or throw out because of this? Link to comment Share on other sites More sharing options...
Sketchy. Posted February 23, 2007 Share Posted February 23, 2007 Although I'm not aware, I'd be kind of interested to know the answer to this also. I was initially under the impression you HAD to be read your rights, but I'm not so sure... Link to comment Share on other sites More sharing options...
iloveboxcars Posted February 23, 2007 Share Posted February 23, 2007 if the police say they said it and you say they didnt, who are they going to believe? Link to comment Share on other sites More sharing options...
suca Posted February 23, 2007 Share Posted February 23, 2007 if you take it to trial, the odds that the cop is going to risk lying about something so insignificant is unlikly. if shes found guilty, she lied on trial ans will get fired. if she just admits it, she gets a slap on the wrist and your charges will probably get dropped, but thats no sweat off her back. Link to comment Share on other sites More sharing options...
boner9000 Posted February 23, 2007 Share Posted February 23, 2007 10. Aren’t police required to read me my rights? No. The courts have made clear that police officers do not have to tell people that they can refuse to consent to a warrantless search. In other words, a police officer does not need to read you your rights before asking you to consent to a search. Also, despite the widespread myth to the contrary, an officer does not need to get your consent in writing. Oral consent is completely valid. Many people believe that an officer must automatically read a person his or her Miranda rights as part of performing an arrest, either immediately before or immediately after an arrest is made. This is also myth. The truth is that the only time an officer must read a person his or her Miranda rights is when: (1) the person has been taken into custody, and (2) the officer is about to question the person about a crime. Police officers are often pretty tricky about trying to get someone’s consent to a search. They know that most people feel intimidated by police officers and are predisposed to comply with any request by a police officer. For example, the average motorist stopped by a police officer who asks them, "Would you mind opening the trunk, please?" will probably consent to the officer’s search without realizing that they have every right to deny the officer’s request. http://www.flexyourrights.org... handy website Link to comment Share on other sites More sharing options...
flecks Posted February 23, 2007 Share Posted February 23, 2007 they dont have to read them if your a minor either. Link to comment Share on other sites More sharing options...
Sketchy. Posted February 23, 2007 Share Posted February 23, 2007 ^Not true; I know that much. They might tell you that...but minors have the same rights as adults. Link to comment Share on other sites More sharing options...
flecks Posted February 23, 2007 Share Posted February 23, 2007 Indeed your right, a friend of mine was told this in court i believe.. Link to comment Share on other sites More sharing options...
soulkillers Posted February 23, 2007 Share Posted February 23, 2007 if you got booked and not mirandized anything you told cops can not be used at a trial. likely to get dropped but cant say for sure since it is now a post 911 way of thinking. minors are read there rights. rights need to be read bfore you are booked in to jail at the leastest. way to many times in trouble i jave been. Link to comment Share on other sites More sharing options...
n_igma Posted February 23, 2007 Share Posted February 23, 2007 i believe they dismiss the case but it depends on some different things bottom line. im no lawyer Link to comment Share on other sites More sharing options...
Crystal.method Posted February 23, 2007 Author Share Posted February 23, 2007 ok well im 18 so the minor thing, while it would be nice to be a minor at this point. doesnt apply. And i was booked for 2 misdomeners. Ill try it in court, but i cant afford a lawyer so im going to use a provided one. Im hopeing i can get off, but, i did run, there was a cop car there when i was arrested but we were behind it about 15 feet...do the cameras in the squad car pick up sound? cause they will verify that i was never read my rights. Link to comment Share on other sites More sharing options...
waseface Posted February 23, 2007 Share Posted February 23, 2007 they pick up sound....but I wouldn't think the quality of it would be very good from 15 feet away. worth a try for sure though.. Link to comment Share on other sites More sharing options...
soulkillers Posted February 23, 2007 Share Posted February 23, 2007 they pick up sound....but I wouldn't think the quality of it would be very good from 15 feet away. worth a try for sure though..officers usally are miced. did you get booked? last time i got busted they read me rights twice. once in the squad and once in central booking. Link to comment Share on other sites More sharing options...
Crystal.method Posted February 23, 2007 Author Share Posted February 23, 2007 ya..took em 7 1/2 hours to book me..fucking sucked shit..took my shirts..just had an undertee and it was FUCKING FREEZIN Link to comment Share on other sites More sharing options...
toothbrushexpert Posted February 23, 2007 Share Posted February 23, 2007 ok well im 18 so the minor thing, while it would be nice to be a minor at this point. doesnt apply. And i was booked for 2 misdomeners. Ill try it in court, but i cant afford a lawyer so im going to use a provided one. Im hopeing i can get off, but, i did run, there was a cop car there when i was arrested but we were behind it about 15 feet...do the cameras in the squad car pick up sound? cause they will verify that i was never read my rights. I'm a little surprised that they didn't bust you for trying to run. It sounds like you were really lucky to only get busted for a pair of misdemeanors. As i understand it, you may have actually waived your rights by running - essentially admitting your guilt. Maybe that's why they didn't charge you for trying to split. Give it a shot i guess, if you're using a court appointed lawyer they probably won't be too keen on helping you out, they usually just go through the motions, you should ask around and see if you can get a lawyer who would be inclined to help your punk ass out. I don't know, it sounds a whole lot like this is going to court, and i'll bet that if it would have mattered to have read you your rights, that they wouldn't have forgotten them. Good luck. Link to comment Share on other sites More sharing options...
2006-1984 Posted February 23, 2007 Share Posted February 23, 2007 My lawyer bangs dipset... hope that helps. Link to comment Share on other sites More sharing options...
2006-1984 Posted February 23, 2007 Share Posted February 23, 2007 J/K Link to comment Share on other sites More sharing options...
soulkillers Posted February 23, 2007 Share Posted February 23, 2007 I'm a little surprised that they didn't bust you for trying to run. It sounds like you were really lucky to only get busted for a pair of misdemeanors. As i understand it, you may have actually waived your rights by running - essentially admitting your guilt. Maybe that's why they didn't charge you for trying to split. Give it a shot i guess, if you're using a court appointed lawyer they probably won't be too keen on helping you out, they usually just go through the motions, you should ask around and see if you can get a lawyer who would be inclined to help your punk ass out. I don't know, it sounds a whole lot like this is going to court, and i'll bet that if it would have mattered to have read you your rights, that they wouldn't have forgotten them. Good luck. wrong advice hoime. running has nothing to do with wavinhg your miranda rights. the have to be verbally given to you or you can read a paper with them on it , and that is still cutting it close legaly. as for a public defender they are wotrh only as much as they defender them self. i have had a few good ones. court appointed lawyers dont always work for the court system. Link to comment Share on other sites More sharing options...
seeking Posted February 23, 2007 Share Posted February 23, 2007 criminal mischief SUCKS. it is not a small deal. if you do anything, get it changed to vandalizm. DO NOT PLEAD GUILTY TO CRIMINAL MISCHIEF. criminal mischief is intentionally vague. you can be considered an enemy combatant and thrown in prison with no rights just for suspicion of 'criminal mischief'. Link to comment Share on other sites More sharing options...
GraffSNIF Posted February 23, 2007 Share Posted February 23, 2007 if the police say they said it and you say they didnt, who are they going to believe? theres a camera on each police car/motorcycle/bike you fucking idiot Link to comment Share on other sites More sharing options...
SANE 53 Posted March 16, 2007 Share Posted March 16, 2007 Any officer taking and individual into custody (arrest) MUST read you your writes.. But ONLY when taking you into custody, not searching you for officer protection! And officer can pat you down if they feel they are at risk of being injured but the CANNOT put there hands in your pockets unless they immediatly feel something suspicious and can recognize it immediatly when feeling it. I would try to get the case dismissed and you probably will.. BUT GET A GOOD LAWYER!!!!!!!!!!!! FOR REALS! CANT STRESS THIS ENOUGH! IM NOT JOKING!!! FOR REALS! GET A GOOD LAWYER! Link to comment Share on other sites More sharing options...
tosters ass Posted March 20, 2007 Share Posted March 20, 2007 i think im correct in that all of you saying what is and what is not might be correct in your state but each state might have difforent laws so think about that Link to comment Share on other sites More sharing options...
Guest spectr Posted March 20, 2007 Share Posted March 20, 2007 haha... I tried to fight a case on Miranda rights one time.. they actually dropped the charges.... of course they questioned me after arresting me and read me my rights after questioning me.... and the cop was stupid enough to put it in his police report... but you only need to be read your rights if they are questioning you... of course... friendly conversations don't count as questioning... and shit like that... ok.... 1. if you are underage and get arrested.... don't say anything... really don't.... I don't care what they say.... if it's oh we just want to make sure you're just out tagging and not breaking into cars.... or we will let you go with just a warning this time... don't say a fucking word... In most states they can't question you without your parents being informed and being present... which means you will have a lawyer.. which means you will say nothing.... so just say nothing... trust me on this one... just ask for your lawyer and your parents.... getting grounded or your ass whooped by your parents is better then dealing with the legal system any day... 2. if you are of age.. meaning over 16 - 18 depending on the state... just tell them you have nothing to say until you talk to your lawyer... odds are you will get released the next day after your arraignment... you will get a public defender... if its a felony case.. odds are you will get a decent one who has actually gone to trail at least once in his career... since the courts do have to appoint that knows what he is doing for felony cases... but for a misdemeanor odds are you will get one that will avoid trial like the plague and just try to get you to cop to whatever plea they are willing to give you.. from here you are on your own... just remember the burden of proof is on the prosecution in court... Edit: I really got to wonder why I waste time explaining any of this... its all here before... go read... seriously... the same question gets asked over and over again in here.... are some of you fucking retarded? Link to comment Share on other sites More sharing options...
lwk Posted April 8, 2007 Share Posted April 8, 2007 Yep, the case will be dropped if they didn't read them. Post back up to update us. Link to comment Share on other sites More sharing options...
sqr Posted April 9, 2007 Share Posted April 9, 2007 theres a camera on each police car/motorcycle/bike you fucking idiot yeah but unless something significant happens that day i'd say they just record over the tape again when it runs out otherwise thered be storage issues with all these tapes. Link to comment Share on other sites More sharing options...
dmkboston Posted July 9, 2009 Share Posted July 9, 2009 your caught in a pickle...u have to demand to know your rights Link to comment Share on other sites More sharing options...
linksee Posted July 15, 2009 Share Posted July 15, 2009 GRAFFITI vandals are damaging and delaying hundreds of trains a month - and their methods are becoming increasingly brazen. Transport Asset Protection Officers have turned up a nocturnal gang who set up trestle tables for their gear as they prepared to "graffiti bomb" carriages, and detected interstate and even international offenders. In recent months, Connex has recorded up to 180 incidents of vandalism a month -- with graffiti top of the list -- damaging and delaying hundreds more services. Connex spokesman John Rees said vandals who had been nabbed included one from Germany. "There are certainly networks of these vandals, and they are grandstanders -- we're finding more and more often that when a group is tagging or graffiti 'bombing' a train, there's a 'watchdog', and there's someone who's got a digital camera taking photos," he said. "Often, they've flown into the city for one night, they get a hire car and find their targets, they hit our trains, and they're already posting it up on internet networks on the way back to the airport." Link to comment Share on other sites More sharing options...
SAMN187 Posted August 20, 2009 Share Posted August 20, 2009 i got caught up too is there a thread for getting caught up bombing by the pigs? Link to comment Share on other sites More sharing options...
CoLdCaNs Posted October 11, 2009 Share Posted October 11, 2009 Yeah man, you definitely have a shit storm to battle with here. Your still fucked. sorry. You can hope that they might lessen the charge. Get a lawyer. Link to comment Share on other sites More sharing options...
DJP Posted October 11, 2009 Share Posted October 11, 2009 Hey i reciently got arrested for graffiti. Only 2 charges. loitering and criminal mischief. both misdemeners. Im got a courtdate and i didnt have to pay bail cause i got a bitch that booked me and cited me cause her son wrote. BUT they didnt read me my mirada writes when they arrested me. can i get the case dropped or throw out because of this? ive never been read miranda rights. it sucks but it doesnt mean nothing Link to comment Share on other sites More sharing options...
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