Legal Question in Civil Rights Law in Missouri

defending oneself in court

How should i defend myself in court for possession of drug paraphanlia if the police officer never read my rights to me?


Asked on 2/10/08, 11:00 pm

2 Answers from Attorneys

Anthony Smith LawSmith

Re: defending oneself in court

The selection of the best defense in a case such as your is very fact specific. How you should best be defended is determined upon the particular facts of your case.

The need for a Miranda or (reading of the rights) differs if one is arrested, and taken into custody, or just given a citation. The miranda is only relevant if the prosecutor is going to use a statement you supposedly made after being arrested. If they are relying upon what the officer observed in "plain sight" then the reading of the rights is not pertinent, and a faulty defense.

If the paraphenalia was found after a search of your person, house, or car, you might be defended based upon the propriety of the search or the procedures used. Again, this is very fact determinent.

If you are nto able to provide enough facts here, try contacting an attorney in your area directly.

Good Luck

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Answered on 2/11/08, 12:15 am
Anthony Smith LawSmith

Re: defending oneself in court

The selection of the best defense in a case such as your is very fact specific. How you should best be defended is determined upon the particular facts of your case.

The need for a Miranda or (reading of the rights) differs if one is arrested, and taken into custody, or just given a citation. The miranda is only relevant if the prosecutor is going to use a statement you supposedly made after being arrested. If they are relying upon what the officer observed in "plain sight" then the reading of the rights is not pertinent, and a faulty defense.

If the paraphenalia was found after a search of your person, house, or car, you might be defended based upon the propriety of the search or the procedures used. Again, this is very fact determinent.

If you are nto able to provide enough facts here, try contacting an attorney in your area directly.

Good Luck

Read more
Answered on 2/11/08, 12:16 am


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