Home » LAW »» CRIMINAL LAW & PROCEDURE

Maranda rights (CRIMINAL LAW & PROCEDURE)

Thu, 06 Jun 2002 02:48:00 GMT
Tags: bowie, brmy, county, cousin, criminal, law, live, maranda, procedure, rights, state, texas, wrong

I live in the state of Texas. In Bowie County. I have a question about maranda right for this state.
My cousin happened to be at the wrong place at the wrong time. As a result of this he was arrested. They placed the handcuffs on him and detained him at the site where he was arrested for about two hours questioning him until another police car came and picked him up and took him to jail. During this entire time he had not been read his maranda right and did not answers their question other than to tell them that he had know clue what they were talking about. His maranda right were not read to him until almost 24 hours later, which was read to him by the judge himself. Is this legal? I thought they had to read you your rights before hand cuffing you and questioning you.. I am thinking of hiring him a good lawyer if this was not correct processior.

Comments (2) | Promote | Bookmark |

  • Leave a Comment Now.
  • Comments
  • Thu, 06 Jun 2002 20:22:00 GMT(1)
  • If he didn't answer their questions then it sounds like he already knew his rights. If they didn't tell him his rights and he gave self-incrimintaing testimony, he might be able to have the testimony declared inadmissible. However, if they arrested and charged him with something anyway, they must have had some kind of physical evidence against him other than just being in "the wrong place at the wrong time." What "place" and what "time" was it? What was he charged with? Please be more specific.
  • Thu, 13 Jun 2002 11:16:00 GMT(2)
  • The answer above is correct. I'd just add a note here about how things are not like we see on TV. On TV the suspect is always given his rights as soon as they slap on the cuffs. It makes it all seem so "official" like saying AMEN at the end of a prayer.
    IN FACT - There's no rule or law that requires the police to give Miranda warnings BEFORE an arrest. There's not even a rule that they must give you Miranda EVER or AT ALL. The only time the police "MUST" read you you Miranda rights is BEFORE they question you during a CUSTODY interrogation. This means if all they are asking you is your name and address, etc., for booking purposes and they are not even asking you about the alleged crime or events surrounding your arrest, Miranda is inapplicable. The rights are only there to protect the arrested from a government that sometimes gets a little carried away. (We don't go for hot lights and bamboo shoots up the fingernails of alleged evildoers.) BUT our Miranda rights are not there to protect a perfect Bozo from being a Bozo - i.e., if you shoot your mouth off without even being asked - you are on your own, pal.
  • Leave a Comment Now.

CRIMINAL LAW & PROCEDURE Open Questions

Marajuana UI

What is the name of your state (only U.S. law)? New Jersey My 19 year old son, now lives in Florida, traveled back to NJ for a wedding. He went out with some old, no good, friends and was in a parked car. The police came and found a small roach in the car and my son admitted to smoking it but......

marajuana posession

i was charged with marajuan posession. after further review, someone used my name and social security number when they were arrested for posession. after going to court to clear it up, they confirmed that is was not me and i signed some papers and they found me not guilty. is that a correct......

Marajuana

I am from Killeen Texas. I got puled over and the cop found a little roach in the car. my cousin which is over 18 with prior got less than a month in jail. i got probation for 15 months. I am 18. this is my first offense sense being 18 i have a juvinile record. I want to be able to leave the......

marajuana

I am 22 and live in Florida. i was just arrested for poss of 1.5 grams and poss of paraphenalia. i have no prior adult record but i do have a charge of poss of paraphenalia when i was 16. I was arrested but i did not go to court and the charges were dropped. Can the DA pull my juvenile record and......

Many Legal Issues, 2 states, please help

What is the name of your state? Georgia & South Carolina Please bear with me, as this will probably be a very long post. I have issues that I need legal help with, in 2 states. Background -- I have 3 children by my first husband. Ages 15, 16 (17 tomorrow) and 19. I am divorced from their......

Manufacuring Marijuana

a few months ago, my boyfriend was charged with manurfacturing marijuana on the basis that the gbi has a video of him. when they searched his house, they didn't find any signs of marijuana or that he had grown any. they didn't find the clothes the person was wearing in the video or anything to......

Manufacturing?

What is the name of your state?Pennsylvania Can someone tell me if you can be charged with manufacturing cocaine if they did not raid your home or did not catch you with any cocaine on yourself or anywhere else?...

Manufacturing/Delivery & Possession

My question involves criminal law for the state of: Michigan On 9-11-08 My home was invaded by the local narcotics team. They were informed that we had drugs growing on our property. They found 1 female plant and a male plant that was pulled several days earlier. He had a search warrant and......

Manufacturing, distribution, with intent to sell

I was just arrested on a secret indictment from 6 mos. ago for selling 52 tabs of ecstacy. I allowed the dea to seach my home which they found nothing cause I've been clean for 6 mos. They did find alot of incriminating notebooks and ledgers, which I gave to them freely. I waived my right to a......

Manufacturing Of Meth With Only Possible Evidence Is Word Of Mouth

What is the name of your state? LOUISIANA HOW CAN THE POLICE CHARGE ME WITH MANUF. OF METH WHEN ALL WE WERE CHARGED WITH WHEN WE WERE ARRESTED WAS SIMPLE POSS. OF MARIJUANA AND PARAPHENILIA.THERE WAS ABSOLUTELY NO EVIDENCE OTHER THAN THE THREE OTHERS POSSIBLY PASSING THE BLAME ON ME.BUT......

Some questions maybe you're interest in...

Army ROTC Scholarship mess

[Government & Administrative Law] What is the name of your state?What is the name of your state?What is the name of your state? Student was living in TN at time of ROTC but now lives in NC I am writing this to aid a friend. She received an Army ROTC scholarship to a college. In her sophomore year she developed migraines and.........

traffic ticket - complaintant's name scribbled, not printed

[Traffic Law] What is the name of your state?In Manhattan, NY State: i got this traffic ticket, and the field where the cop's supposed to print his name(Complainant's Full Name (printed)) doesn't have his name, it just has some scribbles. and its not his signature cause that is right above the scribble in.........

edyabi1983 - spammer

[Additional Legal Subjects] spammer - edyabi1983......

unexpected death

[Wills & Trusts] What is the name of your state? fl son 39, passed away no wife, kids, ect. parents alive and 2 sisters. no property except for a motorcycle he built and small misc. tools. do we have to go to probate?......

Immi to Canada from UK

[Immigration Law] What is the name of your state? UK Hello, Can I ask if I could apply for the immigration to Canada from the UK (London)? I am not a british citizen, but have lived in England for two years. Thanks a lot.......

ripped off

[Intellectual Property] I recently found a company has taken one of my pictures and is using it on their web site. They even claim a copyright for it. Is it worth going after damages and if so, how do I find someone to handle the case?......

Trademark & Exclusive distributor

[Intellectual Property] What is the name of your state (only U.S. law)? FLORIDA I have a 5 years agreement with a US distributor where he has the exclusivity to sell one of our products and we are now he wants to own a 20% of the trademark for the US. Would we be able to change to a new distributor if he does not.........

Who pays the capital gains tax?

[Wills & Trusts] What is the name of your state? California My mother passed away in 04/03. Her home had been transfered to her living trust, and I am the successor trustee. there was no probate. The trust designated that 1/4 share go to each of 3 sons, and the remaining 1/4 share be divided equally between 2.........

False accusations on a restraining order.

[Family Law] What is the name of your state? California. I am getting divorced and it is not the greatest life living with a selfish woman. My youngest son who is three told me one of my wifes friends touched him and licked his "willy". I told her and she went crazy and told me I was out of my.........

buying cheap from the family

[Tax Law] What is the name of your state?Louisiana. My grandmother owns 2 homes. I rent one of them and the other is unoccupied. I wish to purchase both from her. She has offered to sell them both to me at well below market value. Unoccupied home is worth 90k. The home that I'm renting from her is worth.........