Arrest, Search, Seizure, Warrant Did my boyfriends Miranda rights get violated?

Discussion in 'Criminal Procedure, Criminal Court' started by ycutino, Dec 13, 2010.

Thread Status:
Not open for further replies.
  1. ycutino

    ycutino New Member

    Messages:
    1
    Likes Received:
    0
    Trophy Points:
    0
    When my boyfriend was being interviewed and the officer gave him the interview sheet to sign (which is the Miranda sheet). He initialed where he is suppose to but the officer left the top part blank which reads: You are (under arrest for)(being interviewed in connection with): Blank. Then the 5 Miranda rights which were initialed by him. The officer signed as the interviewing officer and also as the witness. Is that allowed? The part that says I certify the above items 1 through 5 were read to blah, blah, blah is also blank and it says 2006 when he was arrested in 2007. Also, as if all that wasn't enough at the bottom of the sheet it says, date & time interview began: blank. Location of interview: blank. Persons present at interview: blank. Date & time interview ended: blank. So, my question is, Is this paper valid? He is currently about to file form 3.850 and this is one of the grounds. Can someone please help me with what I can do to prove that this is not valid. Thank You & I truly appreciate it.
     
  2. mightymoose

    mightymoose Well-Known Member

    Messages:
    6,778
    Likes Received:
    654
    Trophy Points:
    113
    The form is not even necessary. All that matters is that he was advised of his rights, which he clearly was and initialed next to each of them. Most people never see such a form when advised of their rights, and I don't recall a single time I have used it... although I do have one I could use.

    You will lose this argument. The time to argue that he did not know his rights was LOOOOOONG ago.

    Even so, the incomplete form would not amount to a violation of his rights. Had he been denied legal counsel after requesting it, or had he been questioned and made incriminating statements while in custody without being advised of his rights, THEN there may be a violation.

    If there are other things you intend to complain about, I suggest you drop this one.... this one is a dead end will will detract from any validity the other complaints might have.
     
    Last edited: Dec 13, 2010
  3. bluemann33

    bluemann33 New Member

    Messages:
    643
    Likes Received:
    80
    Trophy Points:
    0
    Even without the paper he would have a hard time with that one. The officer would say He was read his rights at time of arrest/questioning, Your boyfriend would say he didnt....they would believe the officer.
     
  4. bluemann33

    bluemann33 New Member

    Messages:
    643
    Likes Received:
    80
    Trophy Points:
    0
    Aqlso as mighty said, the time is soooo long before this was mentioned?
     
  5. CdwJava

    CdwJava Moderator

    Messages:
    4,341
    Likes Received:
    319
    Trophy Points:
    83

    What is it that he intends to do 3 years after the fact? Is he appealing a conviction based upon ineffective counsel? This is NOT a do-it-yourself project! He needs to get a new attorney and HOPE that he can even do this.

    You do realize that there is a 2 year limit on filing a Motion to Vacate, right? When was he sentenced? That should tell you the 2 year mark he needs to have. If he was sentenced before December 14th, 2008, his time would appear to be up.
     
Thread Status:
Not open for further replies.

Share This Page