January 15th, 2011 12:23 PM
Mirandized, question for LEOs
This march a fella tried to pull a gun on me in a gas station parking lot. I was unarmed at the time (bad call), but managed to restrain and tenderize him for his trouble--no shots fired. He was arrested. Turns out he was a felon.
Prior to giving my statement (with him already in jail) I was mirandized, I take it for the assault, which the sheriff aleady knew about. Now, at the time, he told me "Nice job", he showed me the guy's statement on DVD during which he said "I think you pulled a gun on the wrong guy" to the bad guy.
It's been 10 months since the incident. Am I in the clear, or do I still need to be concerned?
"What does Marcellus Wallace LOOK like?"
January 15th, 2011 12:26 PM
Call the PD, Sheriff, DA and inquire about the disposition of the case.
"I do what I do." Cpl 'coach' Bowden, "Southern Comfort".
January 15th, 2011 12:33 PM
Short on details of the incident pursuant to the incident...but you should be golden.
But as Guantes said...make a simple phone call to the local Prosecutor (it should be in their hands by now for sure) and ask.
If you haven't been charged already (and I see no reason why you would have been anyway) you are most likely in the clear.
One ? though....
Were you actually arrested or just questioned?
January 15th, 2011 12:47 PM
January 15th, 2011 01:51 PM
If some guy pulled a gun on you, and you rightfully defended yourself with fists, why where you Mirandized to begin with? That would be my question.
Retired USAF E-8. Lighten up and enjoy life because:
Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid...
"For What It's Worth" Buffalo Springfield
January 15th, 2011 02:20 PM
I do not think this person should ask anyone anything on his own. I think he should go to a private defense attorney, explain what he just wrote above, and let the attorney do the asking. There was a reason he was Mirandized. That reason might be that we was under arrest, something which the OP should really know if it happened, or the officer just sort of made the statement without thinking about it.
I don't see how the OP could have been arrested without him actually knowing about it, without being bonded out, etc., without some court date being set. Yet, it is possible that without knowing what actually happened he is presently a fugitive.
By inquiring on his own he might open a Pandora's box for himself and get himself locked up.
Get advice from a defense attorney.
January 15th, 2011 02:24 PM
Were you fingerprinted? You'd have to be fingerprinted if you were arrested for a criminal offense. If not, I'd say you are ok.
You can educate ignorance, you can't fix stupid
Retired DE Trooper, SA XD40 SC, S&W 2" Airweight
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January 15th, 2011 03:01 PM
You could have been read Miranda due to the investigating officers not knowing what actually had happened yet. If they pull up and one guy says the guy pulled a gun on me so I restrained him and the other person tells another story, the officers must determine who is telling the truth. If the other guy was arrested and you were not, I would assume they believed your story and the Miranda Rights were only used so any statements by either party could be used in trial just in case the assault ended up being different than what they believed. They were probably just covering their butts until they knew for sure who the bad guy really was. The problem nowadays is that officers are being taught to use Miranda way to often and before it is actually needed.
January 15th, 2011 10:26 PM
In our department is was policy to mirandize anyone who we were questioning that may have commited any sort of crime. They mirandized you just to be safe in case you admitted to a crime. Since self defense is not a crime, and it's been 10 months you should be in the clear.
When only cops have guns, it's called a "police state". Love your country, but never trust its government.
-- Robert A. Heinlein.
January 16th, 2011 01:22 AM
Mirandizing is required when three things are present: Cops, custody, and questioning. That said, and as noted, many in law enforcement Mirandize not from mandate, but from policy practice.
January 16th, 2011 01:29 AM
ABSOLUTELY ..... that is the best advise right there ! ! ! ! ! ! ! ! !
Originally Posted by Hopyard
It also gives another message, if they want to discuss it.... don't contact you, but the attorney as you are at that point "represented".
I had a friend once say , "they can't do that, I"m going to go down and talk to them". About 1 hr later I received a call that started out, "Don't say anything, I only have 3 minutes..... I"m in jail and need an attorney and bail quick.... can you take care of that for me , and get ahold of my sister".
He didn't appreciate me laughing the whole time.
I've seen attorney's do this many times and in many situations. Some , if they know you, will do it for free & most for a minimal charge. Well worth it.
Believe me, if you show up.... they may just throw things out there to see how you will react and / or what you will volunteer .....
I don't make jokes. I just watch the government and report the facts. --- Will Rogers ---
Chief Justice John Roberts : "I don't see how you can read Heller and not take away from it the notion that the Second Amendment...was extremely important to the framers in their view of what liberty meant."
January 16th, 2011 07:03 AM
It would seem counter productive to the investigation, especially if the victim is the one getting Mirandized.
I get my Miranda rights read to me, my mouth just got glued shut and am "Lawyering Up" as they say, regardless of the situation. Not to mention it would really me off if I was in the OP shoes. This is not the EU. We are allowed to defend ourselves against an armed attacker. Double bonus if you manage it being unarmed.
"Yes officer, I understand the rights you just informed me of. I would really like to be able to help with your investigation of the other individual with the gun, however at this time I do not wish to make any statements until I have an attorney present.
I refuse to partake in a fishing expedition.
Grasseater // Grass~eat~er noun, often attributive \ˈgras-ē-tər\
A person who is incapable of independent thought; a person who is herd animal-like in behavior; one who cannot distinguish between right and wrong; a foolish person.
See also Sheep
January 16th, 2011 09:54 AM
Originally Posted by trev869
Originally Posted by OldVet
^^^^^^^^^^^^I'm thinking Along these lines^^^^^^^^^^^^^^^^^
Originally Posted by Hiram25
But this seems like an obvious winner.
If you want to make God laugh, tell him your plans.
Washington didn't use his freedom of speech to defeat the British, He shot them!
Politics is the art of looking for trouble, finding it whether it exists or not, diagnosing it incorrectly, and applying the wrong remedy." -- Ernest Benn
January 16th, 2011 10:53 AM
You were advised of your rights and made a voluntary statement to an LEO
Originally Posted by HK Dan
investigating a crime.
That statement is now a public record ( or will be when the perp case is adjudicated. )
If you were ever sued civilly it could be used against you.
In regard to criminal prosecution against you - almost impossible.
-SIG , it's What's for Dinner-
know your rights!
"If I walk in the woods, I feel much more comfortable carrying a gun. What if you meet a bear in the woods that's going to attack you? You shoot it."
January 16th, 2011 12:09 PM
Perhaps the felon's case has yet to go to trial. Then, perhaps, he's acquitted on a technicality.
He gets an attorney to dredge up your statements to the police, and sues you for assault.
I don't understand why you didn't have a lawyer within twenty minutes of the incident. You pummeled a person. Was it self-defense? I think so, but I certainly wouldn't be blabbing to the cops and hoping it all works out. The cop told you "nice job"? I'll bet you he didn't put that comment in his report. The cop's opinion is worthless. At this point in the "investigation", the cop is only a guy taking down notes for the DA.
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