Bad situation (unfair IMO)

[trahddot]

I expect replies saying I'm wrong and the cops were right, but that's okay. I'm hoping at least one person understands my POV. Also, I won't get into any details because this case isn't over yet.

Last year, I was interviewed by police about a crime that they believe I commited. I voluntarily went to the police station at their request. Let's just say that I got there at 10AM. From 10AM to 10:45AM, they practically threatened me (but they call it questioning) for 45 minutes. I voluntarily went over there because I thought it was an informal interview. I didn't know they were going to accuse me and all that jazz.

Anyway, they didn't read me my rights until they recorded me on audio tape. How come they didn't read my rights when I first arrived? I had no idea that I could stop the questioning at anytime. I felt intimidated. And when they whipped out the audio recorder and mirandized me, I felt mislead. I had to go ahead with the recording session because I already incriminated myself during the first 45 minutes.

That's my first question.

My second question is how come the state is continually harassing me for 2 stupid charges? The accuser moved away and doesn't even want any parts of what happened. There are no witnesses. Basically, I screwed myself during that police interview. But I have no criminal history and it seems the state wouldn't bother with these charges.

[scott715us]

I expect replies saying I'm wrong and the cops were right, but that's okay. I'm hoping at least one person understands my POV. Also, I won't get into any details because this case isn't over yet.

Last year, I was interviewed by police about a crime that they believe I commited. I voluntarily went to the police station at their request. Let's just say that I got there at 10AM. From 10AM to 10:45AM, they practically threatened me (but they call it questioning) for 45 minutes. I voluntarily went over there because I thought it was an informal interview. I didn't know they were going to accuse me and all that jazz.

Anyway, they didn't read me my rights until they recorded me on audio tape. How come they didn't read my rights when I first arrived? I had no idea that I could stop the questioning at anytime. I felt intimidated. And when they whipped out the audio recorder and mirandized me, I felt mislead. I had to go ahead with the recording session because I already incriminated myself during the first 45 minutes.

That's my first question.

My second question is how come the state is continually harassing me for 2 stupid charges? The accuser moved away and doesn't even want any parts of what happened. There are no witnesses. Basically, I screwed myself during that police interview. But I have no criminal history and it seems the state wouldn't bother with these charges.

Since you voluntarily went to the interview, you were not in police custody or arrested. Miranda does not apply unless you are under arrest or a reasonable person feels they are not free to leave. A charge is a charge. I don't think they would ask someone to come to a station unless there was some significance behind it. Since it is still ongoing and you probably do not want to list what you were charged with, I will only have to guess it is something more serious than jaywalking. ;)

[Old Trooper]

It seems to me that the police were conducting an investigation, and you were part of that investigation. They asked you some questions during that process. It appears that at some point, you became a suspect. That is when you were 'mirandized' and recorded. And I don't understand why you "had to go ahead with the recording session", since you could have stopped at any time.
The 2nd question makes no sense to me.

[scott715us]

It seems to me that the police were conducting an investigation, and you were part of that investigation. They asked you some questions during that process. It appears that at some point, you became a suspect. That is when you were 'mirandized' and recorded. And I don't understand why you "had to go ahead with the recording session", since you could have stopped at any time.
The 2nd question makes no sense to me.

Oh yeah, and what he said. They eventually mirandized when you became a suspect and you still continued on with the conversation. You had the chance to be quiet at that time and didn't do it. Dug your own grave on that one. ;)

[Lfpdlieu302]

:rolleyes: i'm starting to see a pattern.

[cecilVA]

Nobody is going to answer your second question because we have no frickin' clue.

[txinvestigator1]

Attorney

[JD45]

I didn't know they were going to accuse me and all that jazz.

Anyway, they didn't read me my rights until they recorded me on audio tape. How come they didn't read my rights when I first arrived? I had no idea that I could stop the questioning at anytime. I felt intimidated. And when they whipped out the audio recorder and mirandized me, I felt mislead. I had to go ahead with the recording session because I already incriminated myself during the first 45 minutes.<-----


My second question is how come the state is continually harassing me for 2 stupid charges? The accuser moved away and doesn't even want any parts of what happened. There are no witnesses. Basically, I screwed myself during that police interview. But I have no criminal history and it seems the state wouldn't bother with these charges.

What did you think they were going to do? Ask you if you had done it and with your response of "no", say "ok, we're done"....????

I can ask someone to come to the station for an interview. As long as it's voluntary and you're not in custody nor in my mind am I going to arrest you, then I don't need to read you your rights.

Doesn't sound like the state is harassing you at all. My guess is the charges are only stupid in your eyes. The accuser moved away and doesn't want any part of what happened? How do you know that? Sounds like you incriminated yourself in that interview. No criminal history has nothing to do with nothing. Sounds like you're going to have charges filed against you.

BTW: This whole thread makes me think of the woman that wrote in about her hubby who has the stalking and disorderly conduct charge against him...;)

[Legoate]

You conveniently left out any details of the charges against you or the circumstances behind them. I can't read the investigator's minds, but if I had the fact pattern I could make an educated guess why they acted like they did.

I would have to agree with the wise folks posting before me that miranda did not apply when you were first being spoken to, and at some point you became a suspect and were mirandized.

[GoDirectly2Jail]

So, the world is picking on you and those stupid cops didn't follow the "rules" when they questioned you, right? Is that about the gist of it?


The police thought you did it; you incriminated yourself during questioning; and now you're coming to other cops, looking for a way to throw all that out by inventing a non-existant technicality?

Others here have been far nicer in their responses than I would have been.

[Oldbillplod]

I expect replies saying I'm wrong and the cops were right, but that's okay.

You were wrong and the cops were right, is that okay

[acreature]

We he^ said, I will say, and the person below me too.

[SeVere]

Damn Cops...Why are they always picking on me?

/sarcasm off :rolleyes:

[trahddot]

How do I know the accuser doesn't want any part of this case?

Because I talked to him recently. That's how I know.

The whole miranda thing is bullsh*t. I swear, if I get convicted of these crimes, I will hate the law and everything it stands for. Police detectives are so arrogant. That's my opinion from what I see, hear, know from personal experiences. It's not funny that I incriminated myself. How was I suppose to know I could've told the police to "screw off" unless they officially arrested me.

How can a man shoot his wife and father-in-law, but escape charges because the wife decides not to press charges? This in regards to LL Cool J biography.

I'm gonna keep going over to this small county, humor the judge and DA, and take this crap to trial. Cause IMO, no man or woman should be convicted of a crime unless there are witness, 100% scientific proof, or a confession that doesn't create any doubt.

I was an idiot then..and I'm an idiot now expecting different opinions from law enforcement officers.

[trahddot]

My whole point is, if the accuser doesn't want any "justice", why is the state pushing these charges? It's non-violent. No one was hurt. Damge was caused to personal property...not public.

I could see I had a record...menace to society...killed a dog cold blood. But they're wasting my time and their time.