Hit_Sqd_Maximus 0 Posted June 29, 2004 In the early 1900's there was a court case where a man apparently robbed a store in the middle of the night and was found guilty based on one man's testimony(who actually did it iirc). He would have never been found guilty had he been represented by a lawyer. However he couldnt afford one and the state(or city/county) didnt give him one. What court case was this and does it apply to all criminal cases(ie lower county courts) or just state/federal cases? And who would one contact if a police officer writes a ticket based on someone calling the police and said they saw someone in a white and red truck commit a crime, but called the police a week after the crime apparently happened(no license plate number, not a thing, the ticket was based only on the fact that the truck was red and white) It turns out there wasnt even a crime commited, we contacted the manager of the store where the person reported it and said there was no crime commited at the time and manager will testify in court that there was no crime commited. When found inocent who can this person report it to and get this officer in trouble for doing this? Share this post Link to post Share on other sites
billybob2002 0 Posted June 29, 2004 Quote[/b] ]In the early 1900's there was a court case where a man apparently robbed a store in the middle of the night and was found guilty based on one man's testimony(who actually did it iirc). He would have never been found guilty had he been represented by a lawyer. Â However he couldnt afford one and the state(or city/county) didnt give him one. Â What court case was this and does it apply to all criminal cases(ie lower county courts) or just state/federal cases? Forgot the case but you do have a right to cousnel for any criminal (felony or misdemeanor) cases....state or federal....in which you can go to jail/prison.... Quote[/b] ]And who would one contact if a police officer writes a ticket based on someone calling the police and said they saw someone in a white and red truck commit a crime, but called the police a week after the crime apparently happened(no license plate number, not a thing, the ticket was based only on the fact that the truck was red and white) Â It turns out there wasnt even a crime commited, we contacted the manager of the store where the person reported it and said there was no crime commited at the time and manager will testify in court that there was no crime commited. When found inocent who can this person report it to and get this officer in trouble for doing this? Â need more facts.... Edit: Shit, forgot something...fucked up, again...bah Share this post Link to post Share on other sites
Hit_Sqd_Maximus 0 Posted June 29, 2004 need more facts.... What kind of facts? Share this post Link to post Share on other sites
billybob2002 0 Posted June 29, 2004 Quote[/b] ]The Miranda case? Miranda is for interrogations...have somebody in custody and if you want to question them...read them their miranda rights....which basically tells them to shut the fuck up.... Quote[/b] ]What kind of facts? How did they find out it was this person.....expand it more... Share this post Link to post Share on other sites
IceFire 0 Posted June 30, 2004 Miranda rights no longer apply in the state of MD because too many people were getting off from technicalities from it. I know from first hand experience. Sad. Share this post Link to post Share on other sites
billybob2002 0 Posted June 30, 2004 Quote[/b] ]Miranda rights no longer apply in the state of MD because too many people were getting off from technicalities from it. Â I know from first hand experience.Sad. First hand experience... Â Â Â (I live in MD) My CJT professor is a fmr. detective and has never said anything like that before....explain or making a joke.... Share this post Link to post Share on other sites
IceFire 0 Posted June 30, 2004 The way I understand it is they no longer have to read you your rights if you are being arrested. That is all. Share this post Link to post Share on other sites
Tex -USMC- 0 Posted June 30, 2004 The Miranda case? 1968, Fishy. Share this post Link to post Share on other sites
hellfish6 7 Posted June 30, 2004 Hey - I profess to know biomedical law, not criminal. And Max is obviously a criminal. I thought Miranda because he mentions this: Quote[/b] ] He would have never been found guilty had he been represented by a lawyer. However he couldnt afford one and the state(or city/county) didnt give him one. And IIRC part of the Miranda spiel is "If you cannot afford an attorney, one will be appointed to you..." Share this post Link to post Share on other sites
Akira 0 Posted June 30, 2004 You are always entitled to a lawyer and don't let anyoen tell you otherwise. And as far as I know, Miranda Rights are still required if you are being arrested. But in any case we all know what they are anyway, so if they are not required to be read to you (which I find hard to believe) demand an attorny anyway. I think one loophole is that they don't have to charge you to interrogate you. Just "probable cause" or "reasonable suspicion." Miranda Rights and Related Cases If you are a minor it seems you are protected even more. Quote[/b] ]Miranda rights no longer apply in the state of MD because too many people were getting off from technicalities from it. I know from first hand experience.Sad. Sounds like you got screwed since Miranda Rights are more or less a federal deal. Only the phrasing of the Miranda Rights differs from state to state. Quote[/b] ]Miranda is for interrogations Actually for arresting, and events that follow from that. Quote[/b] ]When found inocent who can this person report it to and get this officer in trouble for doing this? Police oversight agency if you have one. State officials, Internal Affairs, and a healthy dose of your local "fight for the little man" TV station will make some noise. Quote[/b] ]What court case was this and does it apply to all criminal cases(ie lower county courts) or just state/federal cases? Doesn't matter. Everyone is entitled to a lawyer now without question. Quote[/b] ]And who would one contact if a police officer writes a ticket based on someone calling the police and said they saw someone in a white and red truck commit a crime, but called the police a week after the crime apparently happened(no license plate number, not a thing, the ticket was based only on the fact that the truck was red and white) It turns out there wasnt even a crime commited, we contacted the manager of the store where the person reported it and said there was no crime commited at the time and manager will testify in court that there was no crime commited. If that is true, let them take it to court and then blast the living hell out of them. Get a lawyer and sweeten the deal by telling him to lay the ground work for a civil case against the city/police for misconduct etc etc. Chances are the criminal case will be dropped, but that doesn't mean you still can't go civil case on their ass. Share this post Link to post Share on other sites
billybob2002 0 Posted June 30, 2004 Quote[/b] ]Actually for arresting, and events that follow from that. Custody + interrogation = Miranda You do not have to miranda right after the arrest but when you (the officer) want to question him about the act/crime/etc.....Miranda....let them run their mouth, and just listen....bah CJT student bah Share this post Link to post Share on other sites
billybob2002 0 Posted June 30, 2004 Forgot, The right for attroney in Miranda is for interrogations... *Runs off to Speech class...* Share this post Link to post Share on other sites
Akira 0 Posted June 30, 2004 Forgot,The right for attroney in Miranda is for interrogations... *Runs off to Speech class...* Naturally. You have the right to have an attorney present. If you are arrested you also have a right to an attorney. Share this post Link to post Share on other sites
billybob2002 0 Posted June 30, 2004 Quote[/b] ]Naturally. You have the right to have an attorney present. If you are arrested you also have a right to an attorney. Your right because the constitution gives us the right. But, Miranda is basically informing that you have a right to a attroney at interrogation, right to remind silent during interrogation, and etc. If the person ask for a attroney or does not understand, the officer cannot interrogate him/her or has to stop... Share this post Link to post Share on other sites
