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Sam, Attorney at Law
Category: Legal
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Experience:  More than 20 years of experience practicing law.
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My son was arrested in Va., not read his rights until he was

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My son was arrested in Va., not read his rights until he was taken downtown, (Hampton), had his car searched while he was handcuffed and sat on the curb, and held in an interview room for nine hours. I think that his rights were violated, but his attorney said that there are certain circumstances when a rights violation doesn't mean anything. Please help.
Submitted: 6 years ago.
Category: Legal
Expert:  Sam replied 6 years ago.



well, his attorney is correct. if he was legitimately stopped for a traffic violation and gave consent to search his vehicle and they found drugs, then they will handcuff him and sit him on the curb. they already found the evidence upon his consent, so at that point, the rights are mute as it relates to that evidence. however, any other information they garnered before the rights were read then it would be questionable.

Customer: replied 6 years ago.
He was suspected of committing a crime that has nothing to do with traffic. He was walking down the street and was alledged to be the perpetrator of a crime.
Expert:  Sam replied 6 years ago.



thank you. if he was a suspect, he can be detained. he did not have to give consent to search his car. if he did not, then there could be violation, unless the police can prove that waiting for a warrant could have resulted in a loss of evidence.

Customer: replied 6 years ago.
Who can help me in person? What type of lawyer?
Expert:  Sam replied 6 years ago.



you can consult with a local criminal lawyer. there are situations where the rights are not read. rights are read when there is evidence they want to use. any evidence gathered without consent or rights being read could be inadmissible. but if he gave consent to the search, then they did not need a warrant or read rights, because they got the evidence on his consent


it would be best for you to have a local attorney evaluate how his was handled.


contact the VA Bar Association and get a referral service for a criminal law attorney in your area. here is the contact for the Virginia Lawyer Referral Service at 1-800-552-7977 or(NNN) NNN-NNNN(Richmond area).


Edited by Sam on 4/1/2010 at 1:00 AM EST
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