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RobertJDFL
RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 12132
Experience:  Experienced in multiple areas of the law.
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IN JANUARY, THE POLICE CAME TO MY HOUSE AND TOLD ME THAT I

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IN JANUARY, THE POLICE CAME TO MY HOUSE AND TOLD ME THAT I NEEDED TO GO WITH THEM BECAUSE THEY NEEDED TO ASK ME QUESTIONS REGARDING A MONEY ORDER THAT I FOUND. THEY PROCEEDED TO HANDCUFF ME, MY GIRLFRIEND ASKED THEM WHAT WAS THE REASON I WAS GETTING ARRESTED, THEY TOLD HER THEY WEREN'T ARRESTING ME THEY WERE DETAINING ME. THEY TOOK ME TO THE STATION, PROCESSED ME (FINGER PRINTED, PICTURES) THEN THEY TOOK ME INTO ANOTHER ROOM AND PROCEEDED TO ASK ME QUESTIONS ABOUT THE MONEY ORDER I FOUND. THEN I WAS TOLD TO WRITE A STATEMENT, WHICH WAS BETTER BECAUSE THE OFFICER THAT WAS CONDUCTING THE QUESTIONING I COULD HARDLY UNDERSTAND AND HE COULD HARDLY UNDERSTAND ME, HE WAS FROM ROMANIA. I WROTE MY STATEMENT, THEN I WAS ASKED TO INITIAL A FORM INFORMING ME OF MY RIGHTS AND IF I NEEDED AN INTERPRETER, THEN I WAS RELEASED RPI. I ASKED IF I COULD GET A COPY OF MY STATEMENT THEY TOLD ME YES, TOMORROW WITH A FEE. THEN LAST WEEK FRIDAY I HEAR THAT I MAY HAVE A WARRANT OUT FOR MY ARREST. I ASKED A COP FRIEND IF THERE WAS A WARRANT OUT, ULTIMATELY I TURNED MYSELF IN. I WAS PROCESSED AGAIN..FINGER PRINTED, PICTURES. BOTH TIMES I WAS IN POLICE CONTACT NOBODY READ ME MY RIGHTS. WHEN I TURNED MYSELF IN I ASKED TO SEE THE WARRANT OR TO OBTAIN A COPY OF ONE, EVERYBODY SCRAMBLED AROUND TO LOOK FOR IT. ACCORDING ONE OF THE OFFICERS HE SAID IT WAS SITTING ON HIS DESK FOR 2 WEEKS, BUT NO WARRANT WAS PRODUCED FOR ME TO SEE. I BAILED OUT, AS I SPOKE WITH THE BAIL BONDS GUY HE TOLD ME THAT THERE WAS A COURT HEARING THAT I DIDN'T GO TO ...REASON WHY THEY HAD A WARRANT IS BECAUSE I DIDN'T GO TO COURT, I TOLD HIM THAT I WASN'T NOTIFIED OF ANY COURT HEARING WASN'T GIVEN ANY KIND OF PAPER WORK REGARDING THE CASE AT ALL CAN I FIGHT THIS IN COURT??/
Submitted: 7 months ago.
Category: Legal
Expert:  RobertJDFL replied 7 months ago.
Thank you for using Just Answer. The missed court date and arrest/booking there's little you can do about at this point - from what you're saying, there was a court date set, and when you didn't appear the judge issued what is called a "capias" warrant for not showing up. Now, if there is going to be a hearing on that, yes, you can certainly raise the issue that you weren't ever notified about any court appearance. The larger issue and one that I do think you have good grounds to fight is when they came to your door and took you in. To me, you were in custody -they handcuffed you, fingerprinted you, and took your picture. That goes far beyond normal "questioning" and in my professional opinion, you were in custody because you weren't free to leave. Most importantly, according to what you've said, you were asked questions and made to write out a statement before being given something to initial stating you understood your rights. If you were in custody, as I maintain, then the police should have read you your Miranda rights before asking you anything. You would have had the right to ask for a lawyer and to stop questioning at any time. But, because you didn't know that, anything you wrote and anything you told them should be suppressed as "fruits of the poisonous tree" and not admitted. You definitely need to speak to a local criminal lawyer in your area, and you need to find out when your next court date is (you can contact the Clerk of Court in the county where you were booked, they should have this information). Once you get a lawyer, they can make a discovery request for any documents the state has as alleged evidence against you and can file a motion to suppress what you told them on grounds that you were not read Miranda.If you need clarification or additional information, please reply, and I'm happy to assist further.
Expert:  RobertJDFL replied 7 months ago.
Your complete satisfaction is my goal. If you need additional information or clarification about my answer, please reply, and I'm happy to assist further. Otherwise, kindly remember to leave a positive rating by clicking on the stars/happy faces (3-5 stars/happy faces) as that is the only way experts such as myself are compensated on this site for our time and expertise, even if you have left a deposit. It doesn't cost you anything extra to leave a rating. Thank you.