Alcohol & Drugs: MIP, MIC, Intoxication No Rights read

[innocent24]

Just recently I was charged with three class 1 misdemeanors; Minor in possesion, fictious licences, and one about lying to the police. The way it happened though is the reason why I am on this website. I was outside an apartment complez when three undercover cops came swarming around me, as they circled me each proceeded to ask me questions. They asked me so many questions that I couldn't respond to any of them. The questions consisted of; why did you dump that beer, whats your social security number, do you have any identification, did you know it was illegal to have an open alcohol container in arizona, who are you hear with, what are you doing here. It was bad enough each were a foot away from me when talking to me, I think I had time to answer one question before they slapped on the cuffs. Before they slapped on the cuffs I gave them an id which turned out to be my brothers in which I did not mean to give them but they intimidated me so much that I grab the first thing in my wallet for identification. My brother looks somewhat similar to me and when I recongnized that it was my brothers id I gave them instead of mine I almost fainted they asked me for another form of identification so I gave them another form of my brothers id. They quickly recongized this wasn't me and than proceeded to hand cuff me. They sat me down and interrogated me some more never reading me my rights, ever. They called a patrol car and I went to jail for the night and was released in the morning. My question is should I fight this for they did not read me my rights and this has got to be some form of harrasment when three officers circle you and beat you to death with a line of questioning. I have a choice of taking a ADP class or fighting this and I wanted to consult with a lawyer before doing anything.

 

[innocent24]

Also

I also talked to a prosecutor in the morning in tempe arizona, she said that me being in jail for the night was punishment enough and that I wouldn't have any fines against me. Is this true? I find it hard to believe that I won't have any fines. She said that there was nothing on my record and that no fines would be imposed against me although is that her decision or the judges?

 

[Zvernal]

I would think, that unless you admitted to guilt then they have to read you your rights. I am not really sure how Arizona law works. But like if they interogated you, i think they need to read you your rights. Also, if the District Attorney told you she wasnt going to take this any further then your one night in jail, then you should consider yourself lucky. The judge doesnt deal with the case unless you have a trial. If the case made it to court and you were before a judge, then he or she would have a say in the matter. But since the DA decided to settle it the way she did, then it shouldnt go to court.

If the DA is saying that all you had to do is spend the night in jail, then you should consider yourself lucky. I know a night in jail probably sucks, but its much better then paying in upwards of a 1000 dollars in fines, losing your license, having a record, being put on probation ect..

 

[Cadetwright]

Miranda

The United States Supremem Court ruled that if your taken into police custody your rights must be read and given to you. So yeah that was a direct violation. The funny thing is the case is Miranda V. Arizona.

 

[Zee_]

I thought that the Miranda only had to be read before any questioning past the initial investigator questions.

 

[refusetostop]

If you where standing there with a beer and that is why they started the questions it was legal. They can ask information about what you are doing there, who you are and frisk you for the protection of the officers. You had a beer so they dont need to read your rights the violation was made in the presence of the officer, you gave them false ID so they dont need miranda for that.