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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
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Experience:  7+ years defending Misdemeanor and Felony cases.
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I was arrested for VOP, I signed no waiver, the P.O.

Resolved Question:

I was arrested for VOP, I signed no waiver, the P.O. officer had me hand cuffed and searched my house with no Miranda warning before all of this, my attorney is hedging and I say my constitutional right were violalted due to the fact I was detained in and hand cuffed out side and in side my house while the searched for evedence. After they found some beer cans and an old shotgun I was then areested.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 5 years ago.
While on probation in the State of Florida, your probation officer has the right to come to your home, day or night. They are allowed to enter and look around, to make sure you are complying with the terms and conditions of your probation. A person on probation is not afforded the same rights as a regular citizen. If you are over 21 and allowed to consume alcohol, the beer cans founds, should not put you in violation of probation. As for the shotgun, I don't know what the terms were, surrounding you possessing a fire arm. Your attorney should know if that is a violation of probation. You will have a Violation of Probation hearing, at which time you get either admit or deny the allegations. If you admit them, the Judge, State and Probation will determine an appropriate sentence for you. If you deny the violation, you will have a final violation of probation hearing, where the court will have to find there was a willful and wanton violation. The rules of criminal procedure are different then a regular criminal trial, so have your attorney explain what evidence is allowed in and the burden of proof in order to find you in violation of your probation.
Customer: replied 5 years ago.
I agree with your answer, but my qustion is not disputing the violation, but being detained on a vop without miranda rights, being not free to leave (hand cuffed) and home was searched and I was qustioned before I was aressted. No miranda, I was not free to leave! Is this a violation of my constitional rights or not under a VOP?
Expert:  CrimDefense replied 5 years ago.
The police have every right to detain you. At that point, it goes from a consensual encounter to a custodial interrogation. If they are going to question you about a specific crime, they need to read you your Miranda rights. If you were in handcuffs and not free to leave, your rights should have been read, prior to you making any admissions. There very well could be a motion to suppress in your case.
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 15165
Experience: 7+ years defending Misdemeanor and Felony cases.
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