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Old 06-03-2003, 06:05 PM   #1
TripDaniels
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Default Didn't read me my damn rights, or give me rights in general.

I was busted for possession of 50 grams or less as a misdemeanor in good old New Jersey. My summons is Monday mornin'. The cop didn't read me my rights, nor would he allow me to contact an attorney. They then detained me for six hours in a cell without reason. Anyone know what kind of sentence I'm facing? Anyone been in this situation and got any great tips for me to say in court? And, should I get a lawyer?
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Old 06-03-2003, 06:13 PM   #2
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Whoa! Sounds like you got screwed man. I think you should be work that (not having your rights read to you) to your advantage in court. Contact a Lawyer, Later
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Old 06-03-2003, 07:40 PM   #3
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GET A LAWYER NOW!!!

NJ has MMS which is mandatory minimum sentance, meaning you have to serve a certain amount of time in jail if you are found guilty. In nj the sentance in 6 months with a fine of $1,000.

GET A LAWYER!!

Did they question you? Did you answer? How old are you?
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Old 06-03-2003, 08:10 PM   #4
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Although i would advise you to look into this, it IS only a misdemeanor. 50 grams or less? Damn.
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Old 06-03-2003, 08:23 PM   #5
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....get a lawyer you could also ose your quest. to ..........eeewwwwwww.....i`m not supposed to promote other sites , am i ? (someone please help me with that one) ...brain fart, been smoking again anyway, if they tell me its ok....i`ll tell about that site, it may be quite useful in your situation

for the time being....plan on getting lawyer
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Old 06-03-2003, 08:28 PM   #6
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Although NJ does have MMS for some situations, this is not one of them. I don't think they are required to read you your Miranda rights anymore either.
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Old 06-03-2003, 08:48 PM   #7
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Quote:
Originally posted by Ross
Although NJ does have MMS for some situations, this is not one of them. I don't think they are required to read you your Miranda rights anymore either.
No, we can thank the ultraconservative supreme court for that one. A few weeks ago, they ruled that cops probably should read you your rights, but if they don't, any evidence obtained is still permissible in court.

As for the original poster...get a lawyer or get screwed.
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Old 06-03-2003, 08:48 PM   #8
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They have to read you your rights if they question you. And also if you have ever been in trouble with the law before and called a lawyer they cannot question you at all until a lawyer is present. Can you give us any details on what happened when you got busted?
Call a lawyer asap
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Old 06-03-2003, 09:02 PM   #9
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Well lets review the Miranda Rights. Under the Miranda ruling, police are required to inform all criminal suspects of their rights to remain silent and to be represented by an attorney during all questioning.

And this has been tested various times. For example:
In January 1997, suspected bank robber Charles Dickerson gave a voluntary confession to FBI agents that he had driven the getaway car in recent bank robberies. At trial the federal judge refused to admit the confession as evidence, finding that Dickerson had not been advised of his Miranda rights before giving the confession. Upon appeal by the U.S. government, a U.S. Court of appeals ruled that a federal law passed by Congress in 1968 allowing voluntary confessions to be accepted as evidence under the Miranda law. The 1968 law was never recognized by the Supreme Court. And today the current ruling by the Supreme Court finds that the appeals court was wrong.
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Old 06-04-2003, 12:43 AM   #10
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Didn't know if people would be interested in this at all.
THE STORY :
I am eighteen years of age. It was the post-prom party two hours away in the party town all the seniors go to after prom from all over the state. Everyone from our class had gotten the same hotel. After baking out the room, cops raided the hotel, and busted numerous people, our room unfortunately was one of them. A friend came rushing in the door telling us they were searching door to door. Everyone immediately jumped to their feet scurrying any illegal items to hiding spots. There was no order, and I had no idea where things were being hidden. Everyone pretended to go to sleep, and all of a sudden there was a loud knock on the door. I had seen them at the window with a flashlight. It had smelled outside of the room. I opened the door they helped themselves in. They asked for everyone to come to out, and they asked for the person the room's name was signed under to come out. After asking her if there was any pot in the room? Her replying 'no', they begin to search opening drawers, etc. until they had found a bowl, and a small baggie of marijuana. I told them I wanted to see an attorney, and I would not speak to them until one was present, and they preceded to handcuff me assuming I was taking blame. I told them it was my pot in order to take the blame off my friend. I was charged with one count of possession. They dropped the paraphenalia.

I called some lawyers today, and they're all asking for 750. Everyone who was inthe room said they'd chip in. There is a program I could get in where I could be on probation for a year and have my charges dropped at the end of the probation if I'm on good behavior. But the program costs 1,000. However, in the worst case scenario, I'd be spending 6 months in jail, and spending 1000 dollars. I have absolutely no idea where this money will come from as I am only 18. I heard there was an underground railroad to BC. I have began to debate getting in touch with a link.
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