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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23601
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I was detained by law enforcement... after being watched through

Customer Question

i was detained by law enforcement... after being watched through out the day than they confiscated illegal substances. they than released me with hope that i would help them.. can they charge me still if i do not do as agreed even though was never merandized?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hello,
My name is ***** ***** I am an experienced criminal lawyer.
Yes, if you don't do as you agreed or, for that matter, if you do but don't give the police any useful information they can charge you still with the crime they arrested you for originally. The state has until the statute of limitations runs out to file charges against you. I don't know what this happened in, but in most that would give them at least 6 months to file a misdemeanor charge and years if the charge is a felony.
If you tell me where this happened -- just the state -- I could tell you how long the police could take to have you charged.
Most non-lawyers misunderstand Miranda. Miranda violations do NOT result in the dismissal of a case. In fact, in many cases, Miranda warnings aren't even necessary.
Miranda stands only for the fact that you do not have to agree to be interrogated by the police after you've been arrested. If you are never questioned about the incident after you're arrested, Miranda warnings do not apply. If they DO apply but you weren't warned and you made damaging statements or signed a confession, then you could get a pre-trial hearing to try to keep those statements/confession out of your trial. If the judge finds your Miranda rights were violated, the confession and statements cannot come in to be used against you. But it doesn't result in the dismissal of the case.
Customer: replied 1 year ago.
this is indiana did they possibly violate any rights by servalancing me all day? they pulled me over for tossing a cigarette out and one out of two license plate lights were out.. needless to say they were on a fishing expedition..
Expert:  Zoey_ JD replied 1 year ago.
Did they cite you for tossing the cigarette out of the window or for the plate lights? Did you give them consent to search your vehicle when they found the contraband?
The answer to your question is that if/when you are charged with this crime you will get the opportunity to explore and challenge the stop, search and seizure in a pre-trial suppression hearing. The US Supreme Court has said there is no bright line test for Constitutional violations. Each matter has to be explored on a case by case basis at supression hearings.
The standard the judge must apply to these hearings has also been determined by the US Supreme Court. The judge must decide whether the officer acted the way a reasonable police officer would have under all of the facts and circumstances presented.
At the hearing the prosecutor will put the officer on the stand and will question him in such a way as to make him look most reasonable under all of the circumstance. On cross-examination the defense attorney will look to bring out testimony showing just how unreasonable the officer was. When both sides rest, the judge makes his decision.
If the judge finds the police conduct to be reasonable under the facts and circumstances, there is no constitutional violation and any evidence seized in the search will be admissible at your trial. If on the other hand, the police conduct is found to be unreasonable, then evidence that was wrongfully taken during the search will be suppressed, meaning it cannot be used against you. With certain kinds of cases -- drug possession cases for example -- if the evidence gets suppressed, there's no case left to go before a jury. With others, the case may survive only in weaker form.