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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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If I gave police verbal statemts but wish I hadnt and now

Customer Question

If I gave police verbal statemts but wish I hadn't and now they want it in writing can I refuse or is the verbal enough to prosecute and can they search your home with no warrant. I might add this was a domestic violence that added up to my brother locking himself in house threatening suicide and yelling threats at officers and swat team he was arrested but no Miranda rights
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Samuel II replied 5 years ago.

You do not have to give them any more information in writing or otherwise, without first having an attorney present with you. And even then based on your attorney's advice maybe not even at that time.

If they have enough information based on what they already know they can make an arrest but will need to get an arrest warrant and need to have the probable cause to do that. Only after an arrest is Miranda required, if they are going to use any information obtained after the arrest as evidence.

So your brother's actions were enough to cause an arrest and there would be enough evidence for some charges. THerefore, they do not have to give him Miranda. But if they try to use any information after the arrest without Miranda as evidence, then it may be suppressed.

At this time, you do not have to give any more information.

Please note if you have other questions use the REPLY to EXPERT to Continue the Conversation . Otherwise, please give a positive rating. This will NOT close your question and it will be available for future follow up

Thank you
Customer: replied 5 years ago.
Samuel I have not said anymore to police but went to visit my brother in psyche ward . And he became ignorant and had a worker make me leave. I had brought him clothes . He threw a fit and said I drought all the wrong stuff which I didn't. Nurse told us she has overheard him yell at us several times over the ph. And told us to quit listening to his sh*t, and she thinks there is no help for him and he is just a munipulative drug addict! He is violent and if let out of this facility he will harm someone but they are saying they are going to release him. For one can they do this as he has been diagnosed as ADHD bipolar and schitzophrenic
Iwe don't have much money and I am hoping I can find a lawyer pro bono and he is still claiming he has done nothing wrong and that no charges and no Miranda rights were read. He is dangerous and will hurt someone and we were told he has to want to get treatment we can't do it and he claims he is fine and coming home. We are afraid. For everyone as they may be harmed. Do I need a criminal atty and mental illness atty to represent him and mayb they can get a stay order?.
Expert:  Samuel II replied 5 years ago.

If no charges were filed, then they can release him if they find he is not a threat to himself and others. This is after a 72 hour observation. You can talk to the doctors in confidence and explain the situation and request that they do something to have him Court Ordered to stay in the facility.

Otherwise, Yes, he can be released.

Please note that if you need more information, you can use the Reply to Expert to Continue the Conversation. Otherwise, I would appreciate positive ratings so that I get credit for my time and information. This will NOT close your question. It will remain active for future follow ups.

If you cannot see where to Rate me, please let me know so I can report it to the administrators of the site.

Thank you.