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wrongfully accused and charges are being pressed


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#1 meghannm

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Posted 14 February 2013 - 04:00 PM

hi, my boyfriend just found out that he has charges pending against him for a burglary that he did not commit. he went with a friend when his friend sold the stuff that was stolen but did not know at the time that the stuff that was being sold was in fact stolen property. he did not sell the stuff himself but is on camera with his friend. we found an attorney who advised him to go ahead and turn himself in and for us to pay the bond so that the warrant would be lifted. are they allowed to put a warrant out for his arrest and press charges without questioning him? when he turned himself in, i do not believe that they read him his rights but i am not sure, they took him back to be processed without mirandizing him. he also told the cop that he did not want to talk to the detective without his attorney present but they took him back to the detective anyway without contacting his attorney. when he got to the detective, he told him that he had nothing to say without his attorney there but yet the detective still tried to question him. i feel that they are doing him dirty. am i wrong? what should we do besides talk to his attorney?

#2 LegalwriterOne

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Posted 14 February 2013 - 04:24 PM

are they allowed to put a warrant out for his arrest and press charges without questioning him?


Yes.

when he turned himself in, i do not believe that they read him his rights but i am not sure, they took him back to be processed without mirandizing him. he also told the cop that he did not want to talk to the detective without his attorney present but they took him back to the detective anyway without contacting his attorney. when he got to the detective, he told him that he had nothing to say without his attorney there but yet the detective still tried to question him. i feel that they are doing him dirty. am i wrong? what should we do besides talk to his attorney?


First, obviously you weren't there when he was processed or when he was allegedly taken to see the lead detective. If your boyfriend properly invoked his right to counsel, the police have to stop questioning BUT, they don't have to call his attorney for him. Further, a violation of Miranda only gets those statements made by the defendant excluded at trial in the prosecutor's case in chief. It doesn't get you a dismissal. Yes, your boyfriend should talk to his attorney. There is no "we" here. He's the defendant and the attorney represents him, not you. Since you are not married, you being present during discussion with his counsel can break the veil of confidentiality AND you can be called as a witness against your boyfriend. Nothing he says to you is privileged. Be supportive but stay out of the case.

#3 Guest_FindLaw_Amir_*

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Posted 15 February 2013 - 11:09 AM

The criminal justice system is intimidating, but that doesn't mean that criminal defendants don't have rights. Through each stage of the criminal justice system, there are important rights that the government must uphold. To learn more about this subject matter, you may visit the Criminal Law Center and read Criminal Rights as a good resource.

#4 pg1067

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Posted 15 February 2013 - 02:01 PM

are they allowed to put a warrant out for his arrest and press charges without questioning him?


Of course they are. Why would you think questioning a suspected criminal would be required before getting an arrest warrant and/or pressing charges? Certainly, as a matter of policy, it might be a good idea to defer those things until an attempt was made to speak with the suspect. However, just because something might be prudent as a matter of policy doesn't make it legally required.


when he turned himself in, i do not believe that they read him his rights but i am not sure, they took him back to be processed without mirandizing him.


"[R]ead[ing] him his rights" and "mirandizing" him are the same thing. Is there a reason why you mentioned this? Mirandizing a suspect is only required if the suspect is in custody and being interrogated.


he also told the cop that he did not want to talk to the detective without his attorney present but they took him back to the detective anyway without contacting his attorney. when he got to the detective, he told him that he had nothing to say without his attorney there but yet the detective still tried to question him.


Since your boyfriend invoked his right to counsel, if he had said anything in response to the questions, his responses may have been inadmissible if the prosecutor sought to use them as evidence against him. Beyond that, there's nothing inherently illegal about what happened here. Certainly, the cops know the law about questioning a suspect who has invoked his right to counsel. Perhaps the questioning is an indication that they were hoping to get information from him to use against the other person involved in the crime and that your boyfriend isn't really the target.


i feel that they are doing him dirty. am i wrong?


It appears you are.


what should we do besides talk to his attorney?


"We" should not do anything. He should speak with his attorney without you present and follow his attorney's advice. This has nothing to do with you. His communications with his attorney are privileged. If you were present for such communications, your presence likely would destroy the privilege.




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