I have court tomorrow..

b_doe · 04-05-2004, 07:17 PM

Hey, I got a few questions I need to know before tomorrow so I can pleed either guilty or not.

The cop found my pipe, hand cuffed me, put me in the back of his car. I was not read my rights until 10 minutes later and was released with a citation paper, I heard the cop has to read your rights before your handcuffed anyone know that?

Also anyone know what Slander is? My buddie said the cop isnt supposed to let the public see anything that the cop found, there was plenty of people around.

I live in Utah by the way. If you can help please reply!
Thanks.

JTP · 04-05-2004, 08:41 PM

Quote:

Originally Posted by b_doe

Hey, I got a few questions I need to know before tomorrow so I can pleed either guilty or not.

The cop found my pipe, hand cuffed me, put me in the back of his car. I was not read my rights until 10 minutes later and was released with a citation paper, I heard the cop has to read your rights before your handcuffed anyone know that?

Also anyone know what Slander is? My buddie said the cop isnt supposed to let the public see anything that the cop found, there was plenty of people around.

I live in Utah by the way. If you can help please reply!
Thanks.

They don't have to read you your rights before putting cuffs on you. You can be detained for any number of reasons. As far as the slander claim goes... I would NOT even attempt that.

I do not know the specifics, obviously, but I would be very tempted to just plead guilty and through myself on the mercy of the court. Take your community service or your fine and move on with your life.

hauptmann · 04-05-2004, 08:55 PM

The police officer does not have to read you your rights until your are in custody and you are being questioned. Both of those must apply for him to read you your rights, so if he wasnt asking you any questions then he did not need to read you miranda. Depending on the severity of the laws in your area you might want to consult a lawyer. Well not matter what you decide, I wish you luck. For you to say that he slandered you, what he said would have to not be true and it would have had to cause you damage. Where I live they post duis and possesion charges in the paper so everyone can see.

Paraphernalia possession misdemeanor 6 months $1,000

http://www.norml.com/index.cfm?wtm_view=&Group_ID=4567

I would get a lawyer.

Niteshift · 04-05-2004, 09:14 PM

The cop found my pipe, hand cuffed me, put me in the back of his car. I was not read my rights until 10 minutes later and was released with a citation paper, I heard the cop has to read your rights before your handcuffed anyone know that?

Like JTP and hauptmann said, there is no requirement to read you your rights to arrest you.

Reading your rights applies ONLY to custodial interrogation about the offense (or other crimes).

I would like to clarify something: Cops can ask you ANYTHING without EVER reading your rights to you. The only thing that really effects is whether or not what you say is admissable in court. Your ARREST won't be thrown out, but the words you said might be if the rules weren't followed (which they apparently were in this case).

Also anyone know what Slander is? My buddie said the cop isnt supposed to let the public see anything that the cop found, there was plenty of people around.

With all due respect to your buddy, he's not too smart when it comes to the law.

First, the truth is an ABSOLUTE legal defense to slander. A TRUE statement cannot, by law, be slanderous.

Second, in most states, arrests are PUBLIC RECORD. How can someone be wrong in talking about something that is public record? There are certain laws that protect the identity of the VICTIM, but the public is surely allowed to know who the offender is.

Hiz Highness · 04-05-2004, 10:27 PM

I'd get a lawyer, and not say another word about anything. Let the lawyer do the talking.

-HH

WNB · 04-06-2004, 12:29 AM

Yea, what everyone else said. Except the part about getting a lawyer. Don't bother. Your court date is tomarrow anyway, so you probably couldn't even if you wanted to. And as far as lawyers go, at least in a case where the cops didn't screw up, and where you're a first time offender facing a relatively small penalty, getting a lawyer is pointless.

My guess is you'll get a year of probation and some community service, *maybe* a weekend in jail. Just don't mouth of to the judge and say whatever you think he wants you to.

CMSU-PotHead · 04-06-2004, 06:23 PM

When I got arrested last year, they cops NEVER read me my rights! Even after they took me to the police station! And I got arrested for shoplifting!! Off the subject, sorry!

Niteshift · 04-06-2004, 09:15 PM

Now you understand why they didn't have to read your rights to you, right? I rarely question people on shoplifting cases.

weedsmoker2 · 04-06-2004, 11:55 PM

i think he could have held off on reading you your rights if he wanted. and who cares if people saw the pipe, the cop already did.

b_doe · 04-07-2004, 07:52 PM

Quote:

Originally Posted by b_doe

One last question my other friend said the if the officer that busted me doesnt show up in court it could be dropped? Anyone know if that is true?

Eh?
Last 3 people that posted just ignored my question I guess....

04-05-2004, 07:17 PM	#1
b_doe New Member Join Date: Apr 2004 Posts: 3 Grams: 1,771.10 Thanks: 0 Thanked 0 Times in 0 Posts Stock Portfolio Total Value: 0.000 Gain/Loss: 0.000%	I have court tomorrow.. Hey, I got a few questions I need to know before tomorrow so I can pleed either guilty or not. The cop found my pipe, hand cuffed me, put me in the back of his car. I was not read my rights until 10 minutes later and was released with a citation paper, I heard the cop has to read your rights before your handcuffed anyone know that? Also anyone know what Slander is? My buddie said the cop isnt supposed to let the public see anything that the cop found, there was plenty of people around. I live in Utah by the way. If you can help please reply! Thanks.

04-05-2004, 08:55 PM	#3
hauptmann Seasoned Activist Join Date: Feb 2003 Posts: 3,339 Grams: 5,851.44 Thanks: 0 Thanked 19 Times in 6 Posts Stock Portfolio Total Value: 0.000 Gain/Loss: 0.000%	The police officer does not have to read you your rights until your are in custody and you are being questioned. Both of those must apply for him to read you your rights, so if he wasnt asking you any questions then he did not need to read you miranda. Depending on the severity of the laws in your area you might want to consult a lawyer. Well not matter what you decide, I wish you luck. For you to say that he slandered you, what he said would have to not be true and it would have had to cause you damage. Where I live they post duis and possesion charges in the paper so everyone can see. Paraphernalia possession misdemeanor 6 months $1,000 http://www.norml.com/index.cfm?wtm_view=&Group_ID=4567 I would get a lawyer. __________________ Marijuana.com Community Posting Guidelines This is my dance song...

04-05-2004, 09:14 PM	#4
Niteshift L.E.O. in Good Standing Join Date: Dec 2000 Posts: 6,432 Grams: 5,323.12 Thanks: 0 Thanked 12 Times in 6 Posts Stock Portfolio Total Value: 0.000 Gain/Loss: 0.000%	The cop found my pipe, hand cuffed me, put me in the back of his car. I was not read my rights until 10 minutes later and was released with a citation paper, I heard the cop has to read your rights before your handcuffed anyone know that? Like JTP and hauptmann said, there is no requirement to read you your rights to arrest you. Reading your rights applies ONLY to custodial interrogation about the offense (or other crimes). I would like to clarify something: Cops can ask you ANYTHING without EVER reading your rights to you. The only thing that really effects is whether or not what you say is admissable in court. Your ARREST won't be thrown out, but the words you said might be if the rules weren't followed (which they apparently were in this case). Also anyone know what Slander is? My buddie said the cop isnt supposed to let the public see anything that the cop found, there was plenty of people around. With all due respect to your buddy, he's not too smart when it comes to the law. First, the truth is an ABSOLUTE legal defense to slander. A TRUE statement cannot, by law, be slanderous. Second, in most states, arrests are PUBLIC RECORD. How can someone be wrong in talking about something that is public record? There are certain laws that protect the identity of the VICTIM, but the public is surely allowed to know who the offender is. __________________ A burning desire for social justice is never a substitute for knowing what you're talking about. -Thomas Sowell Sometimes the light at the end of the tunnel is muzzle flash.

04-06-2004, 12:29 AM	#6
WNB Seasoned Activist Join Date: Feb 2003 Posts: 3,161 Grams: 5,775.40 Thanks: 0 Thanked 12 Times in 4 Posts Stock Portfolio Total Value: 0.000 Gain/Loss: 0.000%	Yea, what everyone else said. Except the part about getting a lawyer. Don't bother. Your court date is tomarrow anyway, so you probably couldn't even if you wanted to. And as far as lawyers go, at least in a case where the cops didn't screw up, and where you're a first time offender facing a relatively small penalty, getting a lawyer is pointless. My guess is you'll get a year of probation and some community service, maybe a weekend in jail. Just don't mouth of to the judge and say whatever you think he wants you to. __________________ War is Peace Freedom is Slavery Ignorance is Strength

04-06-2004, 06:23 PM	#7
CMSU-PotHead New Member Join Date: Feb 2004 Posts: 11 Grams: 1,772.20 Thanks: 0 Thanked 0 Times in 0 Posts Stock Portfolio Total Value: 0.000 Gain/Loss: 0.000%	I didn't get my rights read! When I got arrested last year, they cops NEVER read me my rights! Even after they took me to the police station! And I got arrested for shoplifting!! Off the subject, sorry!

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