A Letter to a Friend Explaining Court Procedures

Letter to Friend Explaining Court Processes

Gaby Rielle

Team B

University of Phoenix

CJA/224

Jennifer Martin

January 9, 2014

Letter to Friend Explaining Court Processes

* The police never read me my Miranda warnings. Will my case be dismissed as a result?

* The police also haven’t questioned me yet. Should I agree to talk to them, if asked?

* Is this considered a state or federal offense?

The police officer is supposed to read you your rights, otherwise known as the 5th Amendment Warning, after being arrested. Sometimes, however, they fail to do so. Basically, the only consequence is the prosecution is not able to use any of your answers to questions that have been asked by the police officers after they have arrested you. Just because a police officer fails to read you your Miranda rights it will not necessarily mean that your case and charges will automatically be dropped. It is imperative that you hire an attorney, who has the knowledge in this situation in order to take appropriate legal actions. It would be in your best interest to avoid answering any questions that law enforcement asks you without having an attorney present. I understand that you are unable to afford an attorney; therefore they have to provide you with a public defender. Anything you say, they can and will use against you in court. Do not speak to anyone about your case, do not answer any questions, and definitely do not reply to any accusations they may accuse you of. You tell them upfront that you will not take any tests or answer any questions without your attorney present. You also tell them, that you do not agree to do anything without your attorney and you will not waive any of your constitutional rights. After you inform this to the police, they are not allowed to ask you anything, until your attorney is present.

I also would have to say this, your offense is a state offense, if any offense at all. You were using your prior address, the only one that you had...