How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask N Cal Attorney Your Own Question
N Cal Attorney
N Cal Attorney, Lawyer
Category: Criminal Law
Satisfied Customers: 9312
Experience:  Since 1983
9653905
Type Your Criminal Law Question Here...
N Cal Attorney is online now
A new question is answered every 9 seconds

I KNOW SOMEONE THAT WAS CAUGHT STEALIN

Customer Question

I KNOW SOMEONE THAT WAS CAUGHT STEALIN PRESCRIPTION DRUGS FROM THEIR WORK. THEY WERE HANDCUFFED ESCORTED TO A ROOM IN THE STORE, INTERROGATED FOR 5 HOURS, REPEATEDLY DENIED REQUEST FOR CLARIFICATION OF HER ARREST. DENIED REQUEST FOR A LAWYER AFTER REPEATEDLY DENYING ACCUSATIONS OF SELLING AND STEALING AMOUNTS TOLD TO HER BY THERE APPROX. COUNTS. THEY WERE UTIMATELY TAKEN TO THE NEARBY POLICE STATION, ASSUMING THEIR ARREST,BUT NEVER INFORM OF IT, NEVER READ THEIR MEMORANDUM RIGHTS. AFTER INTENSE VERBAL THREATS AND EXCESSIVE MENTAL MANIPULATION THEY WERE FORCED TO SIGN CONFESSIONS OF THEFT,NONE OF WHICH ARE WORDS OF THEIR OWN,FAR BEYOND THE VIDEO EVIDENCE OF A SINGLE INCIDENT OF THEFT WHEN THIS PERSON WAS APPREHENDED FOR. MY QUESTION IS WHAT CRITERIA CONSTITUTES GROUNDS FOR A MOTION TO SUPRESS ANY OF THESE STATEMENTS AS FAR AS DO THESE INTERROGATIONS HAVE TO BE TAPED, VIDEO TAPED ETC. AND ALTHOUGH NO CHARGES HAVE BEEN FILED, SHOULD I SEEK COUNSEL IMMEDIATELY. THANKS, XXXXX XXXXX STATE BLUES
Submitted: 8 years ago.
Category: Criminal Law
Expert:  N Cal Attorney replied 8 years ago.
Under Miranda v Arizona they were supposed to stop questioning once the suspect asked for an attorney, and that could be a basis for suppressing the confession.

Yes I urge you to seek counsel immediately. Here is a page of criminal lawyers in Arnold, MO: http://maps.google.com/maps?hl=en&client=safari&rls=en-us&um=1&ie=UTF-8&q=criminal+lawyers&near=Arnold,+MO&fb=1&view=text&sa=X&oi=local_group&resnum=4&ct=more-results&cd=1

I hope this information is helpful.
Customer: replied 8 years ago.
Reply to N Cal Attorney's Post: ok thanks. but what about the clarification of being under arrest. is being handcuffed taken to the station and fingerprinted mugshot taken reasonable assumption that memorandum rights should have been given. and are these interrogations required to be recorded and or videotaped
Expert:  N Cal Attorney replied 8 years ago.
I cannot practice law in AZ but I can locate information for you.

According to http://en.wikipedia.org/wiki/Miranda_warning
Miranda warning is a warning given by police to criminal suspects in police custody, or in a custodial situation, before they are asked questions relating to the commission of a crime. A custodial situation is where the suspect's freedom of movement is restrained although he or she is not under arrest. An incriminating statement by a suspect will not constitute admissible evidence unless the suspect was advised of his or her "Miranda rights" and made a knowing, intelligent, and voluntary waiver of those rights. However, police may request biographical information such as name, date of birth, and address, without first reading suspects their Miranda warnings

You can read the Miranda case, MIRANDA V. ARIZONA, 384 U. S. 436 (1966) at http://supreme.justia.com/us/384/436/case.html

http://www.state.il.us/DEFENDER/CWC_article_with%20Index.final.pdf at page 39 has a list of the police agencies in MO that do record interrogations. Even if the agency who arrested her is not on that list they still might have recorded it. Her lawyer will find out once she has a lawyer.

There does not seem to be any requirement that custodial interrogations be recorded, but it seems the more professional police agencies routinely record them, and for obvious reasons. If she is alleging the cops coerced her confession by heavy handed interrogation methods continued after she demanded counsel and they do not have tapes to prove otherwise, she may very well convince a Court to suppress the confession.
IMHO

Again I urge you to call a few of the local attorneys on the list I linked in my last post and find someone she is comfortable with to discuss her case. If she cannot afford an attorney she should call the public defender.

Here is an application for the services of the PD: http://www.publicdefender.mo.gov/clients/Application_for_PD_Services.pdf

http://www.publicdefender.mo.gov/about/map_of_districts.htm is a map so you can determine which district she is in to help find your local office.