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I was arrested ask for a lawyer 3 times and never given one.

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Hi I was arrested...

Hi I was arrested ask for a lawyer 3 times and never given one. I was taken to precint but ems was called because my sugar was 491 and I was taken to the hospital. While I was at the hospital there were 2 police officers at some point the officers left saying I was free to go. they gave me a summons and left. about an hour later i was released from the hoapital but i had no phone and no wallet or cash. I called the police station and an officer came and picked me up so i can get my stuff. i was not handcuffed in the back of police car. when they took me back they handcuffed me to a chair and said i needed take photos and be fingerprinted even though i pictures were taken at the hospital by an officer with his iphone which he sent. was i suppose to be read my rights again since i was underr arrest and was handcuffed and finger printerd and photos. also i told them can i leave i am not under arrest and thats when they said they had to take pictures and fingerprint me?

Lawyer's Assistant: What were you charged with exactly? Do you have any upcoming court dates?

Yes with assaulting my girlfriend even though i was assualted by her but they found a bruise on her and with theft of her purse even though i took it and gave it back.

Lawyer's Assistant: In what state did this occur?

Ew jersey

Submitted: 24 days ago.Category: Criminal Law
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Answered in 27 minutes by:
5/27/2018
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 24 days ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,919
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Customer reply replied 24 days ago
Ok Thank you
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 24 days ago

Miranda warnings are not necessary in every case. Miranda only stands for the proposition that you do not have to submit to post-arrest interrogation about the incident without a lawyer. If you were never questioned about the incident at a time when you weren't free to leave, then Miranda does not apply.

If you were questioned and you did give statements that the state wants to use against you in court, then your lawyer will be able to get you a special hearing to challenge any Miranda violations and try to get your statements thrown out of court so that they cannot be used in your trial.

You have a right to a free lawyer if you cannot afford one, but a public defense attorney must be appointed by a judge. The police cannot assign one to you. Your right to an attorney actually doesn't attach until your arraignment. Once you come before the judge, you can let him know that you are unable to retain counsel because you can't afford it and you can ask the judge at that time to appoint you a free lawyer.

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Customer reply replied 24 days ago
But if I was a free man when I went back to get my things and I posed no threat to them or others at the hospital or back of police car where I wasnt handcuff. Why are they allowed to cuff me as a free person. Doesnt that constitute a second arrest and then they proceed to do mug shot and fingerprint. false imprisonment?
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 24 days ago

You have to be formally booked and printed. You didn't have to be cuffed but can be at their discretion. You can speak to a civil attorney about whether this constitutes a false arrest, but you also have to win the criminal case. Any conviction by plea or by verdict would make a false arrest true.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 23 days ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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