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Tags: http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=384&invol=436, http://criminal.findlaw.com/crimes/criminal_rights/your-rights-miranda/miranda.html
Eaton Rapids Officer detains, questions, arrests, but never reads Miranda Rights!
I am starting this Blog to get feed back, from other concerned citizens. My son was involved in a scuffle in Eaton Rapids. I won't get into any specifics about the incident at this point. My main concern is that he was asked to come to the station to give a written statement of his account, which he did - but then he was questioned nicely at first then tricked, lied to and coerced in to telling way more than he should have, not knowing that he had the option not to do so.
His Miranda Rights were never read to him, not even as the cuffs went on and he was taken to the Charlotte Jail where he spent the night.
We the (parents) were forced to put up $500.00 Non-Returnable bond money and turn over the title to our car, our ONLY car, to the bond agency to get him out. The so called offended person (that was involved just as much) has not and still does not want to press any charges, and shouldn't because he is just as much to blame, but his offences weren't turned into an issue. So now the state/Prosecuting Attorney takes over.
We've made three trips to court now, this last one was called the Preliminary Exam. The first trip was to find out if we had an attorney or if we wanted a court appointed. We had no choice, but to choose that option. The court appointed attorney was told about the lack of Miranda Rights, he said that's not really important and it kinda depends on the way the officer questioned my son (?)
I don't get that, because everything I have found online about it doesn't say it depends on the way the officer wants to question you or arrest you. The second trip was a waist of time, because the Pros. Attorney wasn't ready, so it was post-poned.
So finally we have the Prelim. Exam, this was for the Judge to decide if there is sufficient evidence to go on. The officer was questioned on the stand and he admitted that he did not read my son his rights, the Judge said that fact CONCERNED her but, she thinks there is sufficient evidence to continue!
Come on Are These Rights Important or Not? And at what point are they important?
I'm thinking it all should just be thrown out because any and all of the information they have was obtained illegally.
There are 4 public officials that have ignored this 5th amendment law, the arresting officer, the Prosecuting attorney, the court appointed attorney and the Judge who by the way is up for re-election!
So what do you think? I will gladly except in positive advise. And before anyone complains that I'm a whinner and that I think my son is inocient - I'm NOT and don't. This is about getting the facts & Justice.
Thank-you
Comments are closed for this post.
There are also many exceptions to reading the rights but this does not seem the case.
The judge probably will not rule on evidence at the pre-lim hearing. They usually sent it straight up to the Circuit Couirt level for trial and that is where the judge will rule on the evidence.
Not reading the rights will not nullify the charges only what was said that may be incriminating.
And not to be to harsh on your son but unless he is a complete incompetent he should know what his rights are.
Your arguement is like a three times convicted felon who has been in the system all his life and he makes the claim that no one advised him of his rights??? Who better should know his rights that this juy???
Even though your son should be protected by law I also believe that the Miranda Warning is long past due to be wiped off the books....
Maybe you should read this = Link = that's what I'm going by.
My son has no priors and of course everybody knows about the rights and probably have them memorized because of all the cop shows on now days, but until they are not a requirement, then the police must follow the rules/law. And be held accountable if the don't, RIGHT?
Q. Can police arrest or detain a person without reading them their Miranda rights?
A. Yes, but until the person has been informed of his or her Miranda rights, any statements made by them during interrogation may be ruled inadmissible in court.
Not giving a the Miranda does not taint any other evidence that was gathered like witness statements, physical evidence gathered, etc.(Things that were obtained as a result of your son making incriminating statements). The only thing that cannot be used is statements that your son made that would incriminate himself unless they were unsolicited statements and they if they were, the officer has to stop him and advise him of his rights but the spontaneous utterences are admissible. Sounds like your son got into a jam with some county lawmen who probably are not to busy??
Also sounds like a felony if it went to pre-lim?
The other party cannot decide not to press charges. In these cases the State of Michigan becomes the complainant and the other party is just a witness.
It is interesting that the officer testified that he did not advise your son of his rights so it sounds like he is being truthful.
Depending on your sons age and due to him not having a criminal history (and of course the seriousness of the crime charged) he may be a candadate for a youth offenders program where the judge can expunge his record after completing a probationary period.
Your other choice is to demand a trial before the judge or a jury.
Believe me a judge is not going to dismiss a case for a police officer failing to read the Miranda unless the statements that he received was the only evidence (confession) or what your son told him led the officer to find physical evidence of the crime which could be ruled inadmissable. This is not always true because they are court rulings that even though physical evidence was illegally obtained, it can still be admitted if the evidence would have been found anyway during the normal course of an investigation.
Your link that you reffered to is a simple re-cap of the basic Miranda Ruling. There are many exceptions to the rule that your article failed to print in detail and many more court rulings that can affect the ruling as well.
Your best plan would be to listen carefully to your attorney.
Many court appointed lawyers are very good. Good, bad, expensive, cheap, famous lawyers who all practice before your particuliar court are required to take these "court appointed lawyer" cases and are paid by the court. Your son may be assigned the best lawyer in that court system if he is lucky.
Good luck