Brainstorming for Personal Case: Have you been arrested and not read your rights

[Walker]

.....

[Jim Johnson]

I can't remember being read my rights since I moved to New Hampshire.
I was definitely not read my rights when I was arrested for walking around the County Jail.

A direct quote from Judge Burke on that challenge would be, "That doesn't mean anything any more."

[KBCraig]

Just to go legalistic for a moment:

There is no requirement that you be "read your rights" when arrested. That's a cultural myth that ranks right up there with using ballistics to trace a gun to the registered owner, thanks to television.

The original Miranda v. Arizona case (the origin of "Miranda rights") was decided by the U.S. Supreme Court ruling in 1966. SCOTUS ruled that when someone is both "seized" and "questioned", they must be advised of their right to remain silent, and the right to seek legal counsel before answering any questions, and advised that anything they say can be used against them.

If you're not "seized" per the 4th Amendment (i.e., if a reasonable person would believe they were free to leave), Miranda does not apply. Even if you are "seized", but not "questioned", Miranda does not apply ("spontaneous utterances", and all that). Under the latest SCOTUS ruling refining Miranda, "subjects" must explicitly declare their wish to remain silent.

Even if you invoke every right available to you, anything you say or do will be used against you.

[Russell Kanning]

I have never been read a short set of "rights" while being arrested ..... maybe because they have never questioned me at the same time.
btw .... if you remain silent .... you might just sit in jail for a few months

[TackleTheWorld]

...in the mental wing.

[littlehawk]

I think it's a long shot, Walker but it is one of the things you need to do in order to increase your chances of getting acquitted. Even though the piggies and judges do not take Miranda Rights seriously, the jurors may. I'd put your main focus on proving that the alleged charges are false. I also think you have better chances of winning if you represent yourself instead of using a lawyer. I think it would also be beneficial to explain "civil diss" to the jury. Win the jury over and win the case.

What were the charges? trespass and disorderly?

Littlehawk

[littlehawk]

Things to ponder:

If found guilty what are you facing in fines/penalties?

Is there a specific law saying you have to roll the window down all the way? Are they specific laws stating specific time allowed to reply to a pig?

Do you have witnesses?

How is your vision after they broke the window and shards of glass went flying everywhere?

How is your emotional stress after this terrifying incident? Nightmares?, restless, scared. depressed?

Have you thought about filing charges against the piggies?

Contact ACLU?

IMO the entire "checkpoint"thing  is uncontitutional as there is no probable cause. 

Remember Walker, I was the guy who was charged with "obstruction of a police officers investigation" when I exercised my 5th Amend right....even before I was charged with anything. I won that case.  I also was acquited on their bogus charge of disorderly conduct.

Your lawyer fees (should you hire someone) will easily exceed whatever fines they will give you...should you be found guilty. I could not a lawyer to even take my case for less than $2500 and that was just for starters.

The first thing I would do is file a "motion to dismiss." A generic copy can be found online and then streamline it to your situation. State how this is a case which should be dismissed as it will only be a waste of tax dollars. Also state that it will bring out the truth in defining the police officers over-aggressive force and will further "black-eye" the precinct. etc,etc.

If the motion to dismiss fails, file a "motion for continuance" and buy yourself some time.

If you want I can help you in many aspects, from discovery, to court proceedings, objections and other courtroom procedures and the jury selection. I could also help you to put together your case and have some different angles to attack from. It's really not that hard. There are some good books on the topic and many good videos as well.  I can honestly tell you that I did a much better job representing myself and was more prepared than the professional prosecutor I dealt with in my case.

[Russell Kanning]

I would only pay for a lawyer if you want to encourage the profession
I would treat the judge and prosecutor the way you did the checkpoint cops. Keep up the non-resistance.

but ..... I think I have been convicted of everything I have gone to court for
but then again ...... sometimes they just drop the case .... or give me no sentence.

[Russell Kanning]

to me, the system likes it when we study their laws, and their court procedures.
So why not do the opposite of what they want?

The thing they like the most is when you take a plea agreement. Next best is hiring a lawyer. Next is spending your time learning their system.

Since you didn't fully consent to their checkpoint, you haven't given in yet, in their courts ..... they are 0-2.

[Free libertarian]

...we have "rights" ?  Damn if I'd only known! 

[Russell Kanning]

I haven't seen any recently.
Do we have the right to keep our kids out of a mental hospital?
Do we have the right to not have our children fondled by the TSA?
Do we have the right to smoke what we want?
Can we keep our money?
Can we stay out of jail?