Can Police Use Statement in Questioning Against Me?

[Hating Corruption]

My question involves criminal law for the state of: Georgia

I gave my "Best-Friend" (Note the quotes) a place to stay when he lost his residence. I was in college, which meant I had a computer & Internet. He had already attempted to molest my sister, but my Mother didn't want me to be involved, so she never informed me, (Later claims she "didn't know the whole story" and didn't want to jump the gun).

You can guess what happened next. I got angry when discovering the Morally Horrendous material on my computer, and went straight to the police. (I learned quickly that they aren't your friends). They took a statement of who had used my computer, and I gave accurate information. They said they would look into it. 30 Days later, 2 weeks before Final Exams, I get a knock on the door, a Search Warrant was served, and they led me away in cuffs without reading my Miranda rights.

Later, at the station, they handed me some piece of paper saying "Waiver of Rights". I asked to have it explained, and they stated I "Couldn't clear my name with them unless I signed it". So I did, and so began the Hell that is now my life. I spent 2 months in Jail, and am now waiting for trial on Bond, I'm wondering if any of the things I said can be used against me, as I now know how they like to twist things.

Is there any other way of clearing my Name?

HELP PLEASE!!!

[ashman165]

My question involves criminal law for the state of: Georgia

I gave my "Best-Friend" (Note the quotes) a place to stay when he lost his residence. I was in college, which meant I had a computer & Internet. He had already attempted to molest my sister, but my Mother didn't want me to be involved, so she never informed me, (Later claims she "didn't know the whole story" and didn't want to jump the gun).

You can guess what happened next. I got angry when discovering the Morally Horrendous material on my computer, and went straight to the police. (I learned quickly that they aren't your friends). They took a statement of who had used my computer, and I gave accurate information. They said they would look into it. 30 Days later, 2 weeks before Final Exams, I get a knock on the door, a Search Warrant was served, and they led me away in cuffs without reading my Miranda rights.

Later, at the station, they handed me some piece of paper saying "Waiver of Rights". I asked to have it explained, and they stated I "Couldn't clear my name with them unless I signed it". So I did, and so began the Hell that is now my life. I spent 2 months in Jail, and am now waiting for trial on Bond, I'm wondering if any of the things I said can be used against me, as I now know how they like to twist things.

Is there any other way of clearing my Name?

HELP PLEASE!!!

What else was written on that paper that you signed? Something about how you have the right not to say anything, not to answer any questions and to stop answering questions at any time even if you sign it?

Something about having the right to an attorney and that anything you say can (and will) be used against you in a court of law?

Presumably, you read the paper you signed which essentially says that you did not at that time wish to invoke your rights to sit there and be quiet?

It's odd to me that you're savvy enough to know you have Miranda Rights, but not savvy enough to read a piece of paper signing away those rights before you sign it. Or, assuming you did read it, then you knowingly waived your right to be quiet, consult an attorney and so forth.

Yes, barring some clever lawyering, you can expect anything you said to be used against you in a trial.

I suggest you get a lawyer. Yesterday.

[Hating Corruption]

It had so many legal terms I didn't know where to begin to understand it, that's why I asked what it was. So when I asked what it said, they just told me that I "Couldn't clear my name without signing it.", as they so eloquently put it. I'm someone who has followed the system and believed in it ever since childhood, except one time at age 18 when I took a stupid Shoplifting Dare, which was dismissed after the 6 months Non-reporting probation, so I thought they were trying to help me, just like they were telling me they were. Plus, I'm a disabled Epileptic, so I don't have the funds to afford anything better than a Public Defender. This is so WRONG! They didn't even do any investigating in the neighborhood to ask about me or my "Best-Friend"! And now I have to pay for his crimes!?! What kind of system IS this?

[seniorjudge]

You should know that "someone else did it" is an extremely common excuse.

[aaron]

If the essential question is, "If I waive my Miranda rights and confess (or make a self-incriminating statement) to the police, can they use it in court," the answer is, "Generally, yes." It's far more likely, if challenged, that a post-Miranda self-incriminating statement will be ruled admissible than inadmissible, so this is something to work on with your criminal defense lawyer.

[Hating Corruption]

You should know that "someone else did it" is an extremely common excuse.

I concur, however I can actually PROVE I was nowhere near my Apartment when this stuff went down! My college at the time took Roll Call, and I'm sure the Attendance records will correllate with Download timestamps for that trash on the hard drive. I'm not Superman, and I obviously can't be in two places at once! Problem is...will they allow me to use that as proof of my innocence?

On a side-note: The "Best-Friend" in question ended up sharing a cell with me, and he promised me a written confession. Though, now that he's on bond as well for whatever he got charged with, as I'm sure it's a separate charge, he's clammed up about it! I was idiotic enough to not get the confession there on Paper, based on him telling me he needed his Attorney to Cosign it. It wasn't until I got Bonded out that I started doing research on legal matters, and found he was lying through his teeth! It would still be admissable as Evidence of my Innocence! Is there any way to squeeze this confession out of him without violating his Rights? *doesn't think this monster deserves not to be tortured after the trauma he did to my sister, but the Law is the Law*

[kist]

Trying to read behind the lines here. You are charged with cp found on your PC? You went to the police and attempted to shift blame to a roommate. Although you initiated the investigation you apparently left the offending material on the PC. Most people would feel the urge for a new PC around that point.

A single army ant is not that tough. You might get a false sense of security. When the army ant comes back with 10,000 of his buddies, or the cops put their whole organization to task you will be in a jam.

So anyway this is why I'm here anti-computer forensics is my field explain to me in detail your case and I'll offer you what help I can. Computer time stamps are, unfortunately, not going to help you.