Fairfax County General :
Fairfax Underground
Welcome to Fairfax Underground, a project site designed to improve communication among residents of Fairfax County, VA. Feel free to post anything Northern Virginia residents would find interesting.
Welcome to Fairfax Underground, a project site designed to improve communication among residents of Fairfax County, VA. Feel free to post anything Northern Virginia residents would find interesting.
I was not given my miranda warning prior to being questioned, can this make any evidence against me drop?
Posted by:
What the hell?
()
Date: July 10, 2014 11:24AM
I was in the car with my friend on Friday night as we were leaving a party. As we were pulling out we were stopped by the police and they searched the car. There were a total of 3 beers in the car that were all in the front seats of the car, and I was in the back. When the officer asked if I had drank that night I said yes, seeing no reason to lie since he would find out anyway. Later on he told me I would be charged with possession of alcohol because no one would admit who's beers they were. I realized after this had happened that our miranda rights were not read to us.
Re: I was not given my miranda warning prior to being questioned, can this make any evidence against me drop?
Posted by:
Answerman
()
Date: July 10, 2014 11:31AM
Yes, you are gay.
Re: I was not given my miranda warning prior to being questioned, can this make any evidence against me drop?
Posted by:
better answer
()
Date: July 10, 2014 11:32AM
Miranda rights are only required when the suspect is: 1) in custody (which would effectively mean an arrest, and 2) being interrogated.
While it seems that you were being interrogated, the issue of "custody" is a very difficult burden to meet. Unless you were essentially already arrested, you will have a difficult time proving this charge. But it will depend on the circumstances.
If Miranda applies, then it excludes statements made and an evidence found as a fruit of those statements. So its arguable whether your addmission to drinking would come in. You should get an attorney to go over the facts in a lot more detail.
One other issue is whether consent was given to search the vehicle. If no consent was given, then there may be an issue with the officers going into the car. Again this is an issue you should speak with an attorney.
While it seems that you were being interrogated, the issue of "custody" is a very difficult burden to meet. Unless you were essentially already arrested, you will have a difficult time proving this charge. But it will depend on the circumstances.
If Miranda applies, then it excludes statements made and an evidence found as a fruit of those statements. So its arguable whether your addmission to drinking would come in. You should get an attorney to go over the facts in a lot more detail.
One other issue is whether consent was given to search the vehicle. If no consent was given, then there may be an issue with the officers going into the car. Again this is an issue you should speak with an attorney.
Re: I was not given my miranda warning prior to being questioned, can this make any evidence against me drop?
Posted by:
Gerrymanderer2
()
Date: July 10, 2014 11:53AM
I dunno, there was a recent supreme court ruling on this during the fascist Bush regime I believe. I remember them ruling that it was the responsibility of the person not the the authorities to be aware of his Miranda rights and that it does no void any information he may give thereafter.
I don't even know anymore, the court seems to be going back to civil liberties on some issues now and going towards tyranny in corporatism on others. I don't know where Miranda stands.
It doesn't matter to me because I'm smart enough to remain 100 percent completely silent under any circumstance until I consult an attorney.
I don't even know anymore, the court seems to be going back to civil liberties on some issues now and going towards tyranny in corporatism on others. I don't know where Miranda stands.
It doesn't matter to me because I'm smart enough to remain 100 percent completely silent under any circumstance until I consult an attorney.
Re: I was not given my miranda warning prior to being questioned, can this make any evidence against me drop?
Posted by:
Gruntled
()
Date: July 10, 2014 11:53AM
The free legal advice given on forums is worth every penny you pay for it.
Get an attorney.
Get an attorney.
Re: I was not given my miranda warning prior to being questioned, can this make any evidence against me drop?
Posted by:
Troll Alert
()
Date: July 10, 2014 01:43PM
OP making up numerous troll threads along these lines.
Re: I was not given my miranda warning prior to being questioned, can this make any evidence against me drop?
Posted by:
Carmen Miranda
()
Date: July 10, 2014 02:30PM
Re: I was not given my miranda warning prior to being questioned, can this make any evidence against me drop?
Posted by:
Td6Tm
()
Date: July 10, 2014 02:32PM
What the hell? Wrote:
-------------------------------------------------------
> I was in the car with my friend on Friday night as
> we were leaving a party. As we were pulling out we
> were stopped by the police and they searched the
> car. There were a total of 3 beers in the car that
> were all in the front seats of the car, and I was
> in the back. When the officer asked if I had drank
> that night I said yes, seeing no reason to lie
> since he would find out anyway. Later on he told
> me I would be charged with possession of alcohol
> because no one would admit who's beers they were.
> I realized after this had happened that our
> miranda rights were not read to us.
to answer your question (which is an incorrect one)
constitution, article 1, sect 9, limitation on congress:
No Bill of Attainder or ex post facto Law shall be passed.
no, office has to tie you specifically to said contianers (unless your the driver and it's a dui charge and you smell like alcohol, duh)
--------------------------
tell the whole truth nothign but, and you'll be fine and if not complain here - i would love to put my boot in the ass of a judge actually
------------------------
sounds to me you were charged with
drinking while being a minor. which really is a minor tort since adults expect if a minor gets possession of alcohol it will sooner or later dissapear (stupid question, we know that)
-----------------------
let me play the role of a citizen who could be harmed
am i injured ? no. pissed at someone letting a minor drink ? unsure how often how much. (see movie: wet willy)
am i glad an adult is bearing down on you ? yes. glad he was doing it while armed with the full force of law plus data / radio and military equip ? no that can be dangerous both physically and legally. no point in even inviting such danger to a harmless minor.
did you publicly admit guilt ? here. maybe not there yet. just say the truth , that you are ssoorry won't do it again , and offer what you think would be a fair penalty (maybe cleaning a park one day ? offer)
it's VERY IMPORTANT you intend to work with them rather than against them. that's called "civility".
don't expect government to be "civil". they are in their 3rd childhood and spending your future welfare money. remember that.
-----------------------
you'll get calcification in your organ, need surgeory which you won't have money for, and die - if you don't first die of poverty or DUI or your spouse blowing your head off.
there's what happens to most alcoholics. that is why they push you the other way.
========================
Summary:
to answer your question. sounds to me so far yo were charged for having drank while being a minor (which i said is an eventuality if given any)
makes no difference when you drank it or if the bottles were in the car
the question of the cans - kinda mute - according to what i know
-------------------------------------------------------
> I was in the car with my friend on Friday night as
> we were leaving a party. As we were pulling out we
> were stopped by the police and they searched the
> car. There were a total of 3 beers in the car that
> were all in the front seats of the car, and I was
> in the back. When the officer asked if I had drank
> that night I said yes, seeing no reason to lie
> since he would find out anyway. Later on he told
> me I would be charged with possession of alcohol
> because no one would admit who's beers they were.
> I realized after this had happened that our
> miranda rights were not read to us.
to answer your question (which is an incorrect one)
constitution, article 1, sect 9, limitation on congress:
No Bill of Attainder or ex post facto Law shall be passed.
no, office has to tie you specifically to said contianers (unless your the driver and it's a dui charge and you smell like alcohol, duh)
--------------------------
tell the whole truth nothign but, and you'll be fine and if not complain here - i would love to put my boot in the ass of a judge actually
------------------------
sounds to me you were charged with
drinking while being a minor. which really is a minor tort since adults expect if a minor gets possession of alcohol it will sooner or later dissapear (stupid question, we know that)
-----------------------
let me play the role of a citizen who could be harmed
am i injured ? no. pissed at someone letting a minor drink ? unsure how often how much. (see movie: wet willy)
am i glad an adult is bearing down on you ? yes. glad he was doing it while armed with the full force of law plus data / radio and military equip ? no that can be dangerous both physically and legally. no point in even inviting such danger to a harmless minor.
did you publicly admit guilt ? here. maybe not there yet. just say the truth , that you are ssoorry won't do it again , and offer what you think would be a fair penalty (maybe cleaning a park one day ? offer)
it's VERY IMPORTANT you intend to work with them rather than against them. that's called "civility".
don't expect government to be "civil". they are in their 3rd childhood and spending your future welfare money. remember that.
-----------------------
you'll get calcification in your organ, need surgeory which you won't have money for, and die - if you don't first die of poverty or DUI or your spouse blowing your head off.
there's what happens to most alcoholics. that is why they push you the other way.
========================
Summary:
to answer your question. sounds to me so far yo were charged for having drank while being a minor (which i said is an eventuality if given any)
makes no difference when you drank it or if the bottles were in the car
the question of the cans - kinda mute - according to what i know
Re: I was not given my miranda warning prior to being questioned, can this make any evidence against me drop?
Posted by:
xkwh7
()
Date: July 10, 2014 02:33PM
"a minor cannot make his/her posotion worse in court"
that's a 2000 year old law
that's a 2000 year old law
Re: I was not given my miranda warning prior to being questioned, can this make any evidence against me drop?
Posted by:
JyLVM
()
Date: July 10, 2014 02:34PM
crapoli
his/her POSITION
his/her POSITION
Re: I was not given my miranda warning prior to being questioned, can this make any evidence against me drop?
Posted by:
3JeWh
()
Date: July 10, 2014 02:36PM
you haven't been to court so what you said then has not yet been used against you
that point is NULL because you have not yet been injured by it: hasn't happened that they used your words against you
that point is NULL because you have not yet been injured by it: hasn't happened that they used your words against you
Re: I was not given my miranda warning prior to being questioned, can this make any evidence against me drop?
Posted by:
erik von zipper
()
Date: July 10, 2014 03:01PM
Here's your warning...HERE SHE COMES!!!! LOOK OUT BELOW!!!!
Edited 1 time(s). Last edit at 07/10/2014 03:01PM by erik von zipper.
Attachments:
Edited 1 time(s). Last edit at 07/10/2014 03:01PM by erik von zipper.
Attachments: