I was arrested 3 days ago for an outstanding warrent from 4 years ago (hot check), was totally unaware of it. The cops were called to the house due to an argument that got out of hand w/spouse. I was arrested, after the warrent was found and they added a family violence charge, in which I was arrested for that. They had asked my husband to leave the residence, came back to house to arrest me for both charges. My rights were never read to me, no charges were pressed against me from my husband or myself. Spent 14 1/2 hours in jail, for the first time in my life. Posted $4300 of bail and now have to be in court this week for both charges. What is going to happen? And what happens with the bail money? My husband is going to the DA office, here in Texas to file an affadavit of non-prosecution towards me and was instructed not to answer any questions, just reply with "no comment". Any ideas or advice on this nightmare would be great. Thanks!
Answers:
Miranda rights only have to be read to a person after he is taken into police custody and before any questions are asked. (This does not include questions such as name, date of birth, etc., these are identification type questions and are considered as normal booking procedures. This means questions that could incriminate you). It only protects the statements given by the defendant and will not necessarily void the arrest itself. If there was an outstanding arrest warrant, then charges previously been made for that offense.
As far as the domestic violence charge; most state's (mine included) domestic violence statutes require police to make an arrest if there are any signs of an assault. It also requires the police (state) to make the charge and not the "victim". It also requires a mandatory "cool-down" period in which the arrestee must remain in jail for a certain amount of time (12 hours in my state) before being allowed to post bail.
Get a good lawyer. There are some constitutionality issues at play.
You only get your Miranda rights read to you if they are going to question you. they didn't.
They can not use anything you said against you but thay still can arrest you and convict you on all other evedence
I have an idea.
Clean up your act, take responsibility for you own actions.
You had better be able to document the point where your rights were not read to you in a way that you can prove it before a judge. Remember that the court will believe two or more cops over any claim of an accused party. You have a big hill to get over with this claim.
If none of the involved officers can produce evidence to this effect, you have a fair case against this arrest. But the burden is on you to produce evidence.
Good luck. And try to stay out of trouble. A record isn't an easy thing to clear up once it exists, as you well know.
I think there's so loop-hole or something that says you can't be held w/ being read your rights. Or something. I don't know, I'm not really a lawyer. By Miranda rights are stuff like, you have a right to an attorney/legal counsil, if you don't have one, one will be provided, you have the right to remain silent and anything you say or do can be held against you in a court of law. That sort of thing. I'm not too much of a reliable source though. You should ask your lawyer. I've just watch a bunch of Law and Order. :)
First of all, your "Miranda" rights were not violated. As most people are mistaken as to what those rights entail.
If you were arrested, booked and then questioned regarding anything which was to be used as evidence against you in court, then without the warning that evidence would be disallowed.
However, Miranda is NOT required simply because you were arrested. And it is NOT required at any specific point in the process except as stated above.
You need to find an attorney on the outstanding warrant. As for the bail money, if you do not forfeit it by not appearing on the outstanding issue, then it will most likely be forfeited to the victim of the hot check crime.
Despite what we see on T.V. they don actually have to read you your Miranda rights untill you are actually booked.
I don't know what actually happened in your case.
Now since you had a warrant on you, I don't know for sure that they actually had to read you your rights at all.
A warrant is probable cause in and of itself.
Absent any direct questions to you in regard to reason you are being placed under arrest, you do not have to be mirandized at all.
Miranda applies only to custodial interrogation. Unless they questioned after they arrested you, they are not required to "Mirandize" you.
The bail money should be returned once your case is over, assuming you appear.
And, they can prosecute without your husband's consent.
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