Arrest, Search, Seizure, Warrant Arrested without Miranda Writen, and Cell Phone Taken Away with Force

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StanislavO

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My name is Stanislav. I live in Santa Clara County, In San Jose CA.
My friends and I were really bored and did something really stupid. And now i am here asking for any help which i can get.

THE STORY
Tuesday morning we went out to an appartment complex and we were checking for cars which were unlocked to get small change and nothing greater then that. We found only one car which was unlocked and the other two cars my friends cut open soft tops. I know this was not the smartest things to do. We are all really good people which happen to make a big mistake which can cause failure to us in the future.

What happen was when the alarm went off we all ran, the 5 of us. Two of us got away from the security which notified the police right away. My friend and I ran not to far and the other 3 got caught. All they had on them was a knife, a few pens, and a glow stick.

When i went back to see if they got caught, not having any stolen property on me and a new set of clothes one of the cops asked me what i was doing and i told him that i was looking for my car. He told me that there was a burglary going on and he just wanted to make sure that i was not part of it. So he asked me where i was comming from and all that other stuff and i told him i was just looking for my car it was parked somewhere in the apartments.

When he asked the security guard to come and see if i was one of the suspects the security guard told them 100% sure that I was not part of the group he saw, and that they were all asian.

My phone went off as a text message and the cop asked me who it was and asked me if i can show him my phone. When i asked him if he can legally look at my phone, he put me in an arm lock for no reason and told me there was an investigation going on and asked me for my phone after he let go of the arm lock.

I gave him my phone but my phone was LOCKED with a password. He told me if i dont give him my password i was going to go to jail. So i had to unlock my phone for him and he read the text message from my friend which said DID YOU FIND THEM YET? can he legally use that against me, Also can he put me in an arm lock if i didnt do anything wrong to his knowledge.

They put me in hand cuffs and told me that if i dont cooperate with them then they will bring me to jail, he had me show him where one of the cars was. He told me that if i showed him they would let me go. Then out of no where we started going to down town, STILL NOT KNOWING MY RIGHTS, They told me that i had to write an APOLOGY Letter to the owner of the cars or to whom ever i want. So i told everything except the car tops which they later found.

Can somebody please tell me what i can do. I was in Jail for 4 days and bailed so i can do anything in my power to get my self out of this bump in my life.

My questions:
*Can they really take my phone with force like that"?
*Do they have to read me my Miranda Rights?
*Can i trust the Public Defender?
*Can they use what was on the Cell Phone?
*Can they use the "Apology" letter against me?
*What can i do if i cannot afford a Lawyer?

With out the phone there was no way they can link me to the crime until i wrote the confession letter not mentioning the soft tops.

I got 2 felony Charges

1)Burglary of 3 counts
2)Vandalizm of 2 counts.

I already know My friends and I want to pay restitution to the people for their soft tops, but can they use any of the info i gave them because without my cell phone they cannot link me to the crime.
 
your were cutting people soft tops open in an attempt to find some change???? so you were willing to cost someone else hundreds of dollars in repairs so you could find some spare change?? And then after fleeing the scene you decided to return there and didnt expect to get quesitoned or caught?? My first advice is to look at your life and the choices you make and reconsider the way you are living. You can be found guilty because you didnt cooperate with the police so they have a case in why they detained you. What you should have done is ask them if you were free to go. After that it sounds like you allowed them to search your phone and then you wrote a confession which pretty much closes the door on getting off any of these charges. Next time you need to ask if your free to go and if not then you need to ask for a lawyer. Yes you can trust a public defender but i would highly recommend a hired attorney because these sensless dumb crimes are the ones in which the judge will treat you the harshest. Yes they can use any evidence you provided them against you rather a cell phone or an apology letter. If you cannot afford an attorney then you need to look into one that will set up a payment plan and some sort of credit option. They are around. In the mean time I would recommend you look into your rights so you know how to act next time you get caught breaking into someone elses cars in a search for some spare change. Never return to the scene of a crime if you are not returning to confess your crime and face the music. Police have their tactics to figuring out crimes and its up to the individual to know his rights in this situation. If he threaten to take you to jail if you dont do something then let him take you to jail. Remeber if he has nothing on you then he cant take you in and if he does then you might have a case. But you went to jail anyways so you shouldnt have unlocked your phone nor should you have made a confession without a lawyer present. Two things to keep in mind on you next hunt for nickels, dimes, and quarters.... If you are being questioned and youd rather not be then ask if your free to go. If your not free to go then ask for a lawyer. But these charges are serious and I would do what ever you have to do (aside from breaking into peoples cars searching for change) to hire an attorney to represent you. The judge will not show any pity or mercy for such a "dumb" crime...youd probaly be better off thinking of another reason why you were breaking into these cars. And please dont ever commit a crime like that and then return when its flooded by police..they are not as stupid as you might think.
 
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