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Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17182
Experience:  Licensed attorney with 28 yrs. exp. in criminal law
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i invoked my miranda rights and two detectives came in to the

Customer Question

i invoked my miranda rights and two detectives came in to the room i was detained in and asked me questions and talked me into giving consent to search my house. what they were searching for i knew was not in my house but they did take an undetermined amount of money.anything i can do?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Marsha411JD replied 3 years ago.
Hello,

Yes, you will want to speak to your attorney about the sequence of events to see if they collected any evidence that can be used against you and if so if they violated your rights under Miranda. Generally, once an accused has invoked their right to remain silent, the questioning must stop. So, unless they came into the room and only asked you if you are sure that you do not want to waive your rights, then it is likely that any questioning without a specific waiver on your part, and evidence gathered from that would be suppressed.

In any event, you must speak to your attorney about this since they are the ones who will have access to all the relevant information and evidence and can determine if your rights were violated. Ultimately if the police took items that are not related to a crime, you will have them returned to you.


I, like the other Experts on this site, am here to assist customers like you. However, we do so in anticipation of being paid for our efforts, just like other professionals do, since this is our livelihood and not a hobby. To that end, I am more than happy to clarify my answer to you and answer any related follow up questions that you might have for the value that you have offered for the question. In return, I ask that you show good faith in compliance with the TOS by accepting my answer, whether the news is good or bad, so that I will be paid for my efforts. Please let me know if you experience technical difficulties when attempting to ACCEPT my answer by clicking on the green button. That way I can notify customer service.

Customer: replied 3 years ago.
he told me he was getting a search warrant regardless and if i signed a consent to search form then my neighbors wouldn't be involved and my dog not harmed and girlfriend not charged so i signed the form but never waived my miranda rights.
Expert:  Marsha411JD replied 3 years ago.
Again, this is what you need to discuss with your own attorney who can file a motion to suppress. Normally, if law enforcement makes the statement you said, a judge will suppress the evidence. However, this is very fact specific and up to the individual judge.
Customer: replied 3 years ago.
i'm sorry i didnt tell you i was not charged with anything. they said they would review the evidence and that was over a month ago. can i get money back and how long do they have to charge me? and i will not forget to click on accept!
Expert:  Marsha411JD replied 3 years ago.
That does make a difference that you have not been charged yet, but since you stated that you invoked your rights under Miranda, I assumed you had actually spoken to an attorney. You will need one, even if you are not charged, if you want your things from your house back anytime soon. At this point, they can hold the evidence until they make a charging decision. That can be as long as the statute of limitations has to run. Without knowing what the specific crime is that you might be charged with I can't guess since the statute of limitations is different for different crimes. It could range from 6 months to unlimited time. So, you definitely want to go ahead and speak with a local criminal defense attorney, not only about any potential charges that they think might be pending but also about getting your property released.

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