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SmithEsq, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 114
Experience:  Experienced practicing criminal lawyer ready to answer your questions regarding charges, laws, bail and more.
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I got a petit larceny charge do to surveillance video the store did no

Customer Question

I got a petit larceny charge do to surveillance video the store did not stop me coming out of store I was issued a warrant 3 weeks after it happened I turned myself in an was given an appearance ticket but the officer did not read me my rights is the cause to dismiss
Submitted: 4 years ago.
Category: Criminal Law
Expert:  SmithEsq replied 4 years ago.

SmithEsq : Hi! I'm a licensed criminal defense attorney in New York and look forward to assisting you on this question. Prior, or sometimes during a trial, we NEED input and facts from you to give you the best advice. While we can't give "advice" per se here on this sight, we can generally point you in the right di
SmithEsq : I typed a whole answer which seems to have disappeared!
SmithEsq : How are you tonight?
SmithEsq : My main question was how long ago was the initial case?
JACUSTOMER-0zqm4m3o- : I did not get any answer I want my money back or an answer
SmithEsq : I'm very troubled you rated me before I had a chance to answer
SmithEsq : I'm a lawyer, not a computer-information goes in and I interpret it
SmithEsq : When you rate "bad service" that impacts my business and reputation negatively.
SmithEsq : Do you want to work together or not?
SmithEsq : If not, I will opt out for another expert to assist you
SmithEsq : Your answer simply is -no-your case will not get dismiss missed straight out due to scheduling difficulties.
SmithEsq : You get a lawyer who makes a motion to dismiss any property that was recovered as a result of the illegal arrest. (Fruit of the poisonous tress doctoring)
SmithEsq : Correction-doctrine
JACUSTOMER-0zqm4m3o- : Aug 22 and I go to court sept 10th
JACUSTOMER-0zqm4m3o- : Nothing was recovered I switched the price tags and my main concern is I don't want probation what other options do the courts offer for this charge and they did not read me my Miranda rights is that a reason to dismiss please help me I'm not a bad person my child is a cancer survivor I was struggling money wise and I have a slip and fall lawsuit and I take lots of meds it's not right I'm not trying to make excuses but I'm just very disappointed in my self and I no right from wrong my judgments not always good what can I do I've got money to pay them back and I'd like to have an acd or community service
JACUSTOMER-0zqm4m3o- : I want to give you a rating so please answer me I don't understand how I can be charged days later and they have no items only video f
JACUSTOMER-0zqm4m3o- : Hello
Expert:  Jamie-cssm replied 4 years ago.
We received your customer service inquiry, however, we are unable to respond to you because we do not have your email address. Please contact customer support [email protected] and provide us with your email address and a link to this question page so that we can help you. ( Thank you, XXXXX XXXXX Customer Support Team.
Expert:  SmithEsq replied 4 years ago.

Miranda rights only have to do with the admissibility of any statements you might have made to them during the arrest process. This means if you said "yes I did it and I"m sorry" after they questioned you without giving you your Miranda rights, they cannot admit this statement at trial. IT doesn't mean the case gets dismissed, unfortunately. Your best chance for getting something insignificant or a program or something like that is to wait out the case and not plea it out right away. This would require you to continue to come to court a few times while your attorney and the DA work out a deal but its the only way a deal can be negotiated. I hope this helps-please feel free to ask me any follow up questions you might have-just give me time to get back to the site to answer it, okay?