View Full Version : Questions about my legal situation.
I was charged with
Eluding an officer
Racing
Running a Red light
i wasnt racing.. i was just there, and i wasnt running i was leaving, adn got caught up in another stupid persons decision to run. And i dont even rememebr any lights..but my passenger said it was yellow.
But anyway, Do i need and attorney? There were some errors on my ticket mainly the year model of my car. seh wrote 97 instead of 98, and she also wrote the wrong info on my car when they impounded it, and non of us were read our mirandas. I was told that the charges are all misdemeanor and dont have any jail time on it. is this true? Ive got a couple of witnesses in my defense, u think it would be wise to duke it out by myself or get an attorney. relly not worried about fines.. jsut want to stay out of jail..
Z33_kid
03-07-2006, 02:29 PM
if they dont read ur miranda rights ur suppose to be free to go with out any charges or u can sue the police
thats what i havebeen told. how would i prove it other than having witnesses?
dereksi
03-07-2006, 02:38 PM
Id say get a lawyer. You in Cobb??
Z33_kid
03-07-2006, 02:40 PM
^^^ yea get a lawyer tht would be best way probaby wont win any money unless they believe the witnesses mainly not they believe the damn cops more unless if the cop car had a camera n thts a bad chance but good luck
babygurl
03-07-2006, 02:41 PM
if they dont read ur miranda rights ur suppose to be free to go with out any charges or u can sue the police
ok...sorry that is wrong! Which is misunderstood alot of the time, so dont feel bad that you are wrong yet again!
Second...they dont have to read you your miranda rights!
babygurl
03-07-2006, 02:42 PM
Get a lawyer....
Z33_kid
03-07-2006, 02:43 PM
^^^OMFG STOP STALKING ME FUKKK OFF !!!! dont u got anything better to do
Z33_kid
03-07-2006, 02:44 PM
n yes they do those are ur rights as a citizen of the united states even if u arent a citizen they are suppose to because they basically have no proof
babygurl
03-07-2006, 02:48 PM
Miranda Rights!
They only have to read them to you if you are being taken in for an interrogation!
Q. At what point are police required to inform a suspect of their Miranda rights?
A. After a person has officially been taken into custody (detained by police), but before any interrogation takes place, police must inform them of their right to remain silent and to have an attorney present during questioning. A person is considered to be "in custody" anytime they are placed in an environment in which they do not believe they are free to leave. Example: Police can question witnesses at crime scenes without reading them their Miranda rights, and should a witness implicate themselves in the crime during that questioning, their statements could be used against them later in court.
Q. Can police question a person without reading them their Miranda rights?
A. Yes. The Miranda warnings must be read only before questioning a person who has been taken into custody.
Q. Can police arrest or detain a person without reading them their Miranda rights?
A. Yes, but until the person has been informed of his or her Miranda rights, any statements made by them during interrogation may be ruled inadmissible in court.
Q. Does Miranda apply to all incriminating statements made to police?
A. No. Miranda does not apply to statements a person makes before they are arrested. Similarly, Miranda does not apply to statements made "spontaneously," or to statements made after the Miranda warnings have been given.
Q. If you first say you don't want a lawyer, can you still demand one during questioning?
A. Yes. A person being questioned by the police can terminate the interrogation at any time by asking for an attorney and stating that he or she declines to answer further questions until an attorney is present. However, any statements made up until that point during the interrogation may be used in court.
Q. Can the police really "help out" or reduce the sentences of suspects who confess during questioning?
A. No. Once a person has been arrested, the police have no control over how the legal system treats them. Criminal charges and sentencing are totally up to the prosecutors and the judge. (See: Why People Confess: Tricks of Police Interrogation)
Q. Are police required to provide interpreters to inform deaf persons of their Miranda rights?
A. Yes. Section 504 of the Rehabilitation Act of 1973 requires police departments receiving any form of federal assistance to provide qualified sign interpreters for communication with hearing impaired persons who rely on sign language. The Department of Justice (DOJ) Regulations pursuant to Section 504, 28 C.F.R. Part 42, specifically mandate this accommodation. However, the ability of "qualified" sign interpreters to accurately and complete explain the Miranda warnings to deaf persons is often questioned. See: Legal Rights: The Guide for Deaf and Hard of Hearing People from the Gallaudet University Press.
http://usgovinfo.about.com/cs/mirandarights/a/mirandaqa.htm
aaaaaaah i dont have money for a lawyer.... oh well thatnx for the info.
babygurl
03-07-2006, 02:53 PM
aaaaaaah i dont have money for a lawyer.... oh well thatnx for the info.
You can get a public defender on this! Go to the court house, and put in a request for a lawyer, you have to go through a interview which basically consists of How much do you make, and all that jazz!
when is the latest i can do all this?
babygurl
03-07-2006, 02:56 PM
when is you court date?
babygurl
03-07-2006, 02:59 PM
post pone it! And get there asap!
awwww man u bring nothin but bad news....lol
babygurl
03-07-2006, 03:06 PM
sorry sweetie...I would call or go up there like now! and see what they can do for you!
C22H19N3O4
03-10-2006, 11:42 PM
They don't have to read you the Miranda warning if you're not arrested. IMHO, you'll lose your license and pay hefty fines.
Unannotated Georgia Code
40-6-395.
(a) It shall be unlawful for any driver of a vehicle willfully to fail or refuse to bring his or her vehicle to a stop or otherwise to flee or attempt to elude a pursuing police vehicle or police officer when given a visual or an audible signal to bring the vehicle to a stop. The signal given by the police officer may be by hand, voice, emergency light, or siren. The officer giving such signal shall be in uniform prominently displaying his or her badge of office, and his or her vehicle shall be appropriately marked showing it to be an official police vehicle.
(b)(1) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a high and aggravated misdemeanor and:
(A) Upon conviction shall be fined not less than $500.00 nor more than $5,000.00, which fine shall not be subject to suspension, stay, or probation and imprisoned for not less than ten days nor more than 12 months. Any period of such imprisonment in excess of ten days may, in the sole discretion of the judge, be suspended, stayed, or probated;
(B) Upon the second conviction within a ten-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined not less than $1,000.00 nor more than $5,000.00, which fine shall not be subject to suspension, stay, or probation and imprisoned for not less than 30 days nor more than 12 months. Any period of such imprisonment in excess of 30 days may, in the sole discretion of the judge, be suspended, stayed, or probated; and for purposes of this paragraph, previous pleas of nolo contendere accepted within such ten-year period shall constitute convictions; and
(C) Upon the third or subsequent conviction within a ten-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined not less than $2,500.00 nor more than $5,000.00, which fine shall not be subject to suspension, stay, or probation and imprisoned for not less than 90 days nor more than 12 months. Any period of such imprisonment in excess of 90 days may, in the sole discretion of the judge, be suspended, stayed, or probated; and for purposes of this paragraph, previous pleas of nolo contendere accepted within such ten-year period shall constitute convictions.
(2) For the purpose of imposing a sentence under this subsection, a plea of nolo contendere shall constitute a conviction.
(3) If the payment of the fine required under paragraph (1) of this subsection will impose an economic hardship on the defendant, the judge, at his or her sole discretion, may order the defendant to pay such fine in installments and such order may be enforced through a contempt proceeding or a revocation of any probation otherwise authorized by this subsection.
(4) Notwithstanding the limits set forth in any municipal charter, any municipal court of any municipality shall be authorized to impose the punishments provided for in this subsection upon a conviction of violating this subsection or upon conviction of violating any ordinance adopting the provisions of this subsection.
(5)(A) Any person violating the provisions of subsection (a) of this Code section who, while fleeing or attempting to elude a pursuing police vehicle or police officer in an attempt to escape arrest for any offense other than a violation of this chapter, operates his or her vehicle in excess of 30 miles an hour above the posted speed limit, strikes or collides with another vehicle or a pedestrian, flees in traffic conditions which place the general public at risk of receiving serious injuries, or leaves the state shall be guilty of a felony punishable by a fine of $5,000.00 or imprisonment for not less than one year nor more than five years or both.
(B) Following adjudication of guilt or imposition of sentence for a violation of subparagraph (A) of this paragraph, the sentence shall not be suspended, probated, deferred, or withheld, and the charge shall not be reduced to a lesser offense, merged with any other offense, or served concurrently with any other offense
imbosile
03-10-2006, 11:47 PM
so are you saying he'll be in jail for at least 10 days?
C22H19N3O4
03-11-2006, 12:02 AM
That's up to the judge. He/she will dispense the punishment based on the poster's driving history and defense. Every judge will view the circumstances differently based on the caselaw I just reviewed. Since the OP stated he doesn't care about fines, then hire an attorney specializing in this area. Either way, he'll lose a lot of money.
the eludeing is the main thing im tryin to get ou of because the cop wasnt trying to pull me over.
TIGERJC
03-11-2006, 12:49 PM
the cop should have the whole thing on video if the cop hadits lights on. But damn dude, i wish u the best of luck
98Impreza234
03-13-2006, 11:27 AM
Yeah get a laywer.
Nitro
03-13-2006, 11:30 AM
:werd:
Get a lawyer....
hondachick22
03-15-2006, 11:25 AM
i have got to go to court on the 28 about the same thing. i have a lawyer and it is not coasting me but $500.
Damn they didnt waste any time getting you into court, didnt this just happen like last week? Last speeding ticket I got it was two months before I went to court.
DISMISSED!!!!
i feel like oj....lol
2.0civic
03-21-2006, 04:02 PM
So you got off the hook??
yea, the cop didnt show..
babygurl
03-21-2006, 07:15 PM
post poned the court date?
dismissed. cop didnt show up all charges dropped.
wantboost
03-22-2006, 12:08 AM
:bigdance: :bigdance: :bigdance: congrats man
yea, but i thikn 3 days in jail was enough punishment..
2.0civic
03-22-2006, 01:30 AM
damn!! kinda makes me wish i would have fought mine!! i thought if the cop didnt show up, that they just rescheduled?? geuss not.
shit, i didnt really fight it, i just showed up... and the public defender said if the cop didnt show up she was gonna try and get a dismissal.. alot of cops didnt show up there awas about 5 cops, and about 20 cases..lol after the first 5 cases everyones case just got dismissed. it was a good day for alot of folks..
jackdaripper
03-22-2006, 08:58 PM
:goodjob: :goodjob: :goodjob:
shit, i didnt really fight it, i just showed up... and the public defender said if the cop didnt show up she was gonna try and get a dismissal.. alot of cops didnt show up there awas about 5 cops, and about 20 cases..lol after the first 5 cases everyones case just got dismissed. it was a good day for alot of folks..
congrats, happened to me many of time. :goodjob: :goodjob:
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