Results 1 to 10 of 12

Threaded View

  1. #8
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Violation of My Fifth Amendment Rights

    If the police come to your house, arrest you, process you into custody and thus take your prints and photograph, you have been arrested for a criminal offense and you have the constitutional right to have an attorney appointed if you can't afford one.

    Miranda rights mean nothing unless you gave a statement they are using against you in which case your attorney can challenge the statement.

    On what basis did they identify you before the arrest? Just by name? That would be so faulty. Did the business accepting the checks make note of the person's driver's license number, address or anything else?

    Giving a private investigator samples of your handwriting is so incredibly stupid I can't find the words for it. So you are telling us that they don't know who wrote the checks really and are on a fishing expedition involving anyone with the same name. The police can NOT rely upon those samples anyway as there was no legal chain of custody. No state attorney/DA is going to rely on the testimony of a p.i. for handwriting comparisons and there is no chain of custody. Stupid all around.

    Whoever got that charge issued should be sued for malicious prosecution once you are found not guilty or the charges are dismissed.

    How can ANYONE testify in court that you wrote the checks? They can't. This charge should never have issued.

    P.S. Writing the newspaper would be a waste of time and you would be libeling yourself in effect. You could also change your position from being a private citizen to being the subject of the news and get attention that you do not want.

    Dear posters: The ONLY time police arrest anyone without a warrant is when they witness a crime, or have probable cause to believe a crime has been committed and they know who committed it. A police officer could NEVER arrest anyone legally for a bad check in another county without a warrant.

    Also, if a police officer made an arrest for a warrant from another county, the suspect would then to transported to that county to face the charges. The charge has to be tried in the county where the offense was committed. So something is not right about the original post and this entire thread. Also the subject of Fifth Amendment rights is totally irrelevant.

    1. Sponsored Links
       

Similar Threads

  1. Getting Fired: Fired in Violation of my First Amendment Rights at Work
    By BroganRd in forum Employment and Labor
    Replies: 13
    Last Post: 05-31-2010, 08:51 AM
  2. Post-Conviction Relief: Possible 6th Amendment Violation
    By Armyboundihope in forum Criminal Procedure
    Replies: 4
    Last Post: 12-08-2009, 09:19 PM
  3. Chemical Tests: DUI Blood Test as a Violation of 4th Amendment Rights
    By SanDiegoMan in forum Drunk and Impaired Driving Charges
    Replies: 2
    Last Post: 11-28-2009, 01:31 PM
  4. Search and Seizure: 4th Amendment Violation
    By pettibone78 in forum Criminal Procedure
    Replies: 33
    Last Post: 01-23-2009, 05:51 PM
  5. Protective Services: Violation of Fourteenth Amendment Rights
    By ready in forum Abuse and Neglect
    Replies: 3
    Last Post: 11-18-2007, 07:01 PM
 
 
Sponsored Links

Legal Help, Information and Resources