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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31591
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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In Pittsburg,Texas, Camp County is it a legal arrest if your

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In Pittsburg,Texas, Camp County
is it a legal arrest if your are handcuffed, thrown in a car,
Never Read My Miranda Rights,
taken to jail, fingerprinted, put in a cell and interviewed by
an agent of Mental heath and cleared I was sane??
Spent the night, posted bail and went home..

Kirk Adams :

Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for using JA!

Kirk Adams :

I'm sorry for your trouble with this, but I'll be glad to help.

Customer:

thank you

Kirk Adams :

It is a common misconception that if you aren't read your Miranda Rights that the arrest was illegal - - and this isn't true. HOWEVER, if the police failed to read you your Miranda Rights, the prosecutor can't use anything you say as evidence against you at trial.

Customer:

there was no trial, i pleaded guilty and was put on probation

Kirk Adams :

If you are in custody (deprived of your freedom in any significant way - being handcuffed, placed in the police car, not allowed to leave), the police must read you your Miranda rights if they want to question you and use the answers as evidence at trial.

Kirk Adams :

Thus, in your case, anything you said to any officer and to the mental health agent could not have been used at trial - if you had one - because you hadn't been read your rights.

Customer:

ok, so its legal to detain you and do as they please?

Kirk Adams :

However, if you took a plea agreement and have received your sentence (probation), there likely no legal action you can take at this juncture because you've already waived your rights to raise any issues about the arrest, officer's actions, etc.

Customer:

Also, because of this arrest, I had a Protection order on me..

Kirk Adams :

The officers must have PROBABLE CAUSE to detain you - - but this is a very low burden for the officer to satisfy.

Kirk Adams :

Essentially, the officer must testify that he/she had reason to suspect that you were or had committed an illegal act of some kind.

Customer:

I walked in to a resturant, sat down and the person who just wont the protection order walked in, and sat down..She filed a complaint and I was again, Arrested!

Kirk Adams :

Ok. I see.

Customer:

The officer had no warrant, didnt know why he was arresting me and handcuffed me and took me to jail..I bonded out and case was dropped

Kirk Adams :

There doesn't have to be a warrant if there's probable cause. BUT, the officer should have received some direction on why he/she was placing you under arrest.

Customer:

documents state, if a false complaint is filed, $500. fine is charged! Nothing was done to her and again, County Attorney wont answer my question

Kirk Adams :

Even if the charges are not substantiated and dropped, if the officer can prove probable cause, then the arrest was likely valid.

Kirk Adams :

You may have a claim against her for malicious prosecution and abuse of process for making a false claim, and you can file those charges yourself.

Customer:

there to arrest me WITHOUT a Warrant and doesnt know why he is aressting me??

Kirk Adams :

But, it is not likely that the officer is liable if he/she was following orders or had probable cause.

Kirk Adams :

Like I said, there's no requirement that a warrant be issued in order to arrest someone IF there is probable cause.

Kirk Adams :

For instance, if a policeman saw someone robbing a bank, an officer wouldn't have to go get a warrant before trying to apprehend the offender. Instead, there's probable cause for the officer to try and apprehend the person.

Customer:

small town politics of pop 4,447

Customer:

the legal system is wrong, you are Guilty until you prove your inocense.

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