Legal Question in Criminal Law in Pennsylvania

i was charged with two summary accounts of retail theft.

i have no prior criminal record, and hold PA act 34 clearance for my teaching certification.

after i was detained by the store's security guard, manager, and cashier, a state trooper came into the room, detained me, and then began asking questions in regard to the incident. he did not at any time read me my miranda rights, and i did not at any time sign a statement.

i admitted guilt to a seperate incident of retail theft, at the same location during the interrogation. however, as stated, i was never mirandized.

the trooper then proceeded to take me to the barracks, where i was finger printed. however, after recieving my citations, there are requests to be re-fingerprinted with the charges. i have not yet went to be fingerprinted again.

given the face that i was charged with two summary counts, hold no prior criminal or civil charges, and was not mirandized during the interrogation and arrest process, what are my chances of ARD, ASI, or the charged being dropped to a lesser charge. Most importantly is that I would like to avoid a criminal record, by any means necessary.


Asked on 2/24/10, 6:22 pm

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

First, there are no Miranda "rights". What Miranda requires that once in custody you are informed that you have the right to say nothing to the police and further that you may request a lawyer. Once you ask for a lawyer they may not ask any questions until you get a lawyer.

Second, whenever the police want to ask you questions you should always say nothing. Nothing you can say can be used to help you.

Third, if you even thought that you should have been given the Miranda Warning you should have shut up! Obviously you knew what the warning was. It's been repeated on every cop show since the 1960's. So unless you have not watched any TV since Jack Webb was Joe Friday you should have a good idea what your rights were.

Fourth, that admission can and will be used against you.

Despite all that you need a lawyer. With luck you might get ARD but it's not a do it yourself project.

{John}

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Answered on 3/02/10, 6:06 am


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