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Arrested, But Not Mirandized

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  • 04-17-2008, 07:02 PM
    Barba101
    Arrested, But Not Mirandized
    My question involves criminal law for the state of: California

    Hello i am a minor from the state of california and i was recently arrested at a local rite aid for stealing a powerrade with the retail price of $1.79 yes thats right arested For $1.79 well what happened is i walked into a rite aid and i walk in becouse i was very thirsty and was gonna go to the restroom and drink water from the sink well when i walk in ther it turns out the restroom is locked so i go ask the lady at the cashier if i can get the keys to the restroom and she said no it has to remain locked :confused: ok well why would u have restrooms to have them locked:confused: so then thats when i got desperate i walked to the back and put a powerade in my back pack as i was walkin out of the store a man approaches me and ask me where the stuff i stole was i gave it to him and he took me to the back room and asked questions took my informatin etc... Then i asked him wat was gonna happen he told me he had to call the resource officer at my school So he did And The officer came About an Hour And twenty minutes later When he got there i stood up to give him a handshake and he told me he doesnt shake hands with my type now i dont know what he means by "my type" i Am a full time student with no criminal record never even been stopped by a cop I do not Dress like a Gangbanger and i am very polite So i dont know whose hand he would shake So He asked me What happened and i wasnt anwsering his questions and finally i guess he got mad and screamed at me to awnser his questions so i started answering them then he asked me what are we gonna about this i told him i just wanted to get it over with without getting arrested he replied that i was already arrested He told me u dont have to be in cuffs to be arrested so then he called my mom she came he gave me a citation and told me that i would get a court date in the mail then he let me go with my mom

    Now im no lawyer or anything but i got a buddy whose brother was arrested recently and his case was dismissed because he was never read his miranda rights by a police officer And i wasnt either so i started reading law books and looking for stuff online and i found out that A person must be read their miranda rights before questioning and that person has to be in custody and custody occurs when there has been a formal arrest OR the person is detained and not free to leave And i was in a room not free to leave and my rights were never read to me so WHat i want to know is can my case be dissmissed?????

    Also if not what am i looking at as far as punishment
  • 04-17-2008, 07:04 PM
    panther10758
    Re: NEver Read ME My Rights PLEASE HELP FASSSST
    Miranda applies when question by Police following your arrest. It means any statements made without miranda warning cannot be use din court. Your situation is not such a s case and Miranda does not apply. Find a criminal defense Attorney and see if you qualify for diversion
  • 04-17-2008, 07:26 PM
    Barba101
    Re: Arrested, But Not Mirandized
    so everything he asked me in the room cannot be used in court
  • 04-17-2008, 07:30 PM
    panther10758
    Re: Arrested, But Not Mirandized
    You did not read what I wrote did you? Yes "everything" you said can be used but it wont matter. Do they have CCTV video? did you have the merchandise on you?
  • 04-17-2008, 07:32 PM
    Barba101
    Re: Arrested, But Not Mirandized
    They never showed me a video And yes he got the powerade
    What charges do you think im facing
  • 04-17-2008, 07:33 PM
    Happy Trails
    Re: Arrested, But Not Mirandized
    Miranda Rights
  • 04-17-2008, 07:35 PM
    panther10758
    Re: Arrested, But Not Mirandized
    PC 490.5 PC 488 PC 484 would be my guess
  • 04-17-2008, 07:40 PM
    Barba101
    Re: Arrested, But Not Mirandized
    do you have an idea of what im gonna have to pay or anything

    and Whats a divesrsion program
  • 04-17-2008, 07:47 PM
    panther10758
    Re: Arrested, But Not Mirandized
    Civil Demand about $100.00 this is unrelated to court

    Court fines less than $300.00
    community service
    Summary probation

    Diversion programs and their availablity vary talk to your Attorney but suffice it to say they act as guilty verdict but once you complete program no conviction appears on your record
  • 04-17-2008, 07:53 PM
    Barba101
    Re: Arrested, But Not Mirandized
    what if i have no attorney
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