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Breaking and Entering and Destruction of Real Property

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  • 11-09-2010, 02:00 PM
    cyjeff
    Re: 1)misdemenor Breaking and Entering 2)destuction to Real Property
    Quote:

    Quoting wrong_place_wrong_time
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    but what about the miranda rights that i wasnt read?
    and as for criminal history it was just parafinailia

    Until you were in custody, Miranda wasn't necessary. Whether or not you were in custody would be an excellent question to ask your attorney.

    So, what questions did you answer?
  • 11-09-2010, 02:15 PM
    wrong_place_wrong_time
    Re: 1)misdemenor Breaking and Entering 2)destuction to Real Property
    they asked me if i hit the house and i said no and then they asked if i saw them hit it and for the sake of being as vague as possible as though not to contradict the others stories i said i really wasn't paying attention to them
  • 11-09-2010, 03:23 PM
    free9man
    Re: 1)misdemenor Breaking and Entering 2)destuction to Real Property
    Quote:

    Quoting wrong_place_wrong_time
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    they asked me if i hit the house and i said no and then they asked if i saw them hit it and for the sake of being as vague as possible as though not to contradict the others stories i said i really wasn't paying attention to them

    If that's all they asked you and all the response you gave them, Miranda is not really an issue. Miranda would only be useful if you made incriminating statements to them, and then only to get said statements suppressed...assuming the court found that it was a custodial interrogation.
  • 11-09-2010, 03:25 PM
    cyjeff
    Re: 1)misdemenor Breaking and Entering 2)destuction to Real Property
    Of course, saying you really weren't paying attention to them isn't the same as "I wasn't in the house and couldn't see them, of course".
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