Legal Question in Criminal Law in California
Pc245(a) (1)
I was accused by my boy friends son of trying to run him over with my truck. My boy friends sons friend was also at the house at the time, so was my boy friend. It started as a verbal altercation, he started coming towards me and I entered my truck to leave. Out of panic, instead of backing up the 30 feet required to make a turn to get out of our rural driveway I over corrected backing up into our fence thus having to pull forward not once but three times. My boy friends son did not call the police until almost 24 hours later. the officer tried to coerce me into a confension telling me that if i said I was just trying to scare him he would let me go. That is not what happen I did not admit to it and thus was taken to jail. The police officer never read me my right or told me what I was being charged with. It was obvious that the officer was not listening to anything I had to say. I believe that he or someone else within the police department knows my boy friends friend which was the witness. Can the case be dropped if the officer did not read me my rights? His father which was a witness but said that he thought i was just trying to scare his son bailed me out 30 minutes after being arrested. I did not do that, help!
2 Answers from Attorneys
Re: Pc245(a) (1)
The lack of a Miranda warning is not a get-out-of-jail-free card, and it does not entitle you to dismissal of the case. The only consequence of the officer's failure to Mirandize you will be that your answers to any questions while in custody (assuming you actually were in custody when questioned) will not be usable against you. The prosecution can still use the testimony of the supposed victim and eyewitness, as well as physical evidence and a variety of other methods of proof.
You need to get a lawyer right away.
Re: Pc245(a) (1)
The fact that your rights were not read to you would not be grounds for dismissal of the case. In such situations, any statements you made would be inadmissible against you in trial but it does not mean the entire case would go away.
The strength or weakness of your case will depend on the testimony of the eyewitnesses. Looks like there might be some people who would be willing to say they did not believe you were trying to run the guy over. I would get a lawyer and investigator involved as soon as possible. The lawyer/investigator would interview the witnesses and preserve their testimony before they have a chance to talk to police or anyone else. It would cost you some money but I would be as proactive as possible in this situation.
In the worst case scenario, you would have a court appointed lawyer who would conduct his/her own investigation but not until you have been arraigned.
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
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