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Recent Miranda Rights questions

Someone I know is being accused of having underage

Someone I know is being accused of having underage pornography pictures on an old laptop inherited from his mother, not his. The laptop has no login or password ***** could have been used by others. Can they use this as evidence when there is no way associate the pictures to who may have downloaded?

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CrimDefense

Juris Doctor

33,936 satisfied customers
I went to pick up a prescription, when 9 cop cars pull up to

I went to pick up a prescription, when 9 cop cars pull up to the drive through pharmacy, I was picking up a water pill which they said was an fake Rx called in. I had been at work all day and had to get my kids, my son has special needs. I had to get them. They were yelling at me. And I asked them several times if I was under arrest, they kept saying no. I asked several times while crying hysterically if I was under arrest and they said No. I told them I at work all day, and exhausted and needed to get my kids, they told me to grow up, I asked are you searching my car? As I was crying and they said he's going to move it, they would not let me get anything in mr car, they still did not read me my Miranda right nor put me under arrest. They pulled my car into a spot at cvs. But they locked my purse and everything in the car. After being questioned they told me they found two pill bottles in my purse. However my purse nor my car was at the police station. So they went through it obviously looked through it before I was read my rights, before i was put under arrest or read my rights is that illegal? I never said they had permission to go through my stuff when they pulled up, I asked them in the interview after they mentioned that

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P. Simmons

Attorney

Doctoral Degree

37,400 satisfied customers
Is it a violation of my rights if the cops looked through my

Is it a violation of my rights if the cops looked through my car and purse with 1. Reading me my Miranda rights 2. Placing me under arrest. 3. Said they are having an investigation, they did not ask permission. They didn't reasy Assistant: Thanks. Can you give me any more details about your issue? Customer: i went to pick up a prescription, a water pill, that was calling in as illegal, 9 Cops came to the drive through pharmacy. They didn't ask my permission to search my car, nor did they say I was under arrest, they looked through my car and purse

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

114,224 satisfied customers
I was accusedof a theft within a company, the investigator

I was accusedof a theft within a company, the investigator questioned me about my family and spouse statues when questioned about illegal protocol I answered and told him no then he threatened my children with dhs and jail time if I do not admit to the criminal act after be held for 3 hours he told me to write a statement and then I could leave and told me what to write is this illegal

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attyadvisor

Doctoral Degree

8,086 satisfied customers
My wife works at a correctional facility as a nurse.

My wife works at a correctional facility as a nurse. Apparently a coworker may have brought in contraband. Some how my wife is caught up in this. She doesn't know any details. But she was interviewed. After a few questions, which she couldn't answer, was read her Miranda Rights. At that point she opted to not answer anymore questions. They debated whether or not to take her to booking. Eventually decided not, but stated they would get a warrant the following day. At this point, we still don't know what is going on. She is employed by a contractor, but we have been unable to establish any communication with them. Do we need to be proactive and retain an attorney? We're clueless as to what to do.JA: Since laws vary from place to place, what state is this in? And when was the warrant issued?Customer: Oklahoma. At the moment we don't even know if a warrant was issued or if they were just trying to pressure information out of her.JA: Have you talked to a lawyer yet?Customer: NoJA: Anything else you want the lawyer to know before I connect you?Customer: no

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Nisha Jones, Esq.

Juris Doctorate

894 satisfied customers
I'm confused on the right. I stop at a police station to

Hi I'm confused on the Miranda right. I stop at a police station to report a phone stolen. I went in and told the dispatch lady that I want to report a stolen phone. The dispatch lady call one of the police that was out on patrol. About two minutes later he stopped in.we went in the office and I told him that I had my phone stolen at a bar in was at. I said it was are 35th graduation reunion at the moose. And I said that I had a few drinks there. Then I stop at the bar and had a drink there. Then he asked me if I had someone to get my car. I ask why .he said it will be tow away. I said no I got my phone stolen and my friends number on my phone. He said that they got me on film is pold in.it said that that don't prove I'm impaired. I said I drank Montana dew at the moose and coffee at the bar to make sure was sober. He said that don't matter. Well we left the office. And ask me before entering let me go if I will take the hand held breathalyzer. I said ok. After i took it he walked away from me and look at it. Then he put it away. I ask him what it read .he said it was close. Then he asked me if I will take another one at the jail. I said I token one. He said that not accurate. Then he asked me again if I will take one at the jail. I said I will if I have a lawyer present .he said it don't work that way.then ask me again and I said the same thing. And he said the same thing again. Then they cuff me and put me in jail. Then came back.toke me to the hospital to get a blood test done. And I refuse that to.i refused to fill out the hospital paper to.the nurse that took the blood I thank didn't want to be involved ask the police if he will sign the papers. He said that he will. Make long story short. My question is if I'm being asked to do somthing. Why can't I have a lawyer. And if they are taking my blood they are question me in that way if I'm drunk. I'm being integrated in the hospital with out a lawyer right ? If they have he right to do that to someone,where are my rights.?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

114,224 satisfied customers
My husband was arrested for forgery (2 class D felonies,

My husband was arrested for forgery (2 class D felonies, NYS) on primary election petitions. A state trooper investigator came into his office, did not state that my husband was a suspect in the investigation, and interrogated him. My husband was fearful that his boss would come in and he could not leave the office. After implicating himself by stating that he had signed people's names (some with permission) the officer then read him his rights. Had my husband known that he was being investigated and that he was the suspect he would have called a lawyer first. Were his Miranda rights violated? He was "in custody" in the office because he felt trapped and had to avoid his boss knowing what was going on at the time. Thanks for your advice...JA: What state is this in? And can you tell me a little more about the charge?Customer: New York State. There are two, class D felonies for possession of a forged instrument.JA: Has anything been filed or reported?Customer: He has been arraigned and it is in the discovery period. It is reported in all the news outlets in our region.JA: Anything else you want the lawyer to know before I connect you?Customer: He is a 80% disabled veteran who suffered from kidney failure due to exposure to toxic chemicals while in the Coast Guard. He has mental health issues and takes multiple medications for these conditions. The time period that the "forgeries" took place was when he had abruptly stopped his mental health medicine by mistake. His state of mind was not characteristic of his true self.

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Colleen Grady

Assistant Principal

Juris Doctor

1,050 satisfied customers
I have a questions regarding domestic violence and a jury

Hello, I have a questions regarding domestic violence and a jury trial. My question is if a prosecutor has: photograph of a injury, a police recording of the statement a statement from the victim and a defendant admitting to the crime, but not having their rights read, how likely would they be to continue the case at trail if the victim does not show, also would they be able to pursue the case if the defendant never has a chance to cross examen the victim?

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Zoey_ JD

Doctoral Degree

32,372 satisfied customers
I am involved in a domestic battery case and the victim came

I am involved in a domestic battery case and the victim came to court to drop the charges but the state of Illinois picked up the case. She have been subpoenaed to appear to the 2nd court case but will choose to not to testify. I also wasn't read my Miranda rights before being questioned about the incident on the day of arrest. What options to I have?

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Dwayne B.

Juris Doctor

37,212 satisfied customers
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