Does anyone know whether or not my arrest was lawful?

Question

I was arrested in the state of Florida (Leon County) recently and during the whole process I felt as though some things were done wrong.

1. I was never Mirandized [read my rights]

2. It took approximately 5 hours before I was finally booked.

3. I think a $250 bond is excessive for a first offense petty theft

4. I was also told more than once that if I was a permanent resident of the county that I would have gotten off with just a "slap on the wrist." I'm not sure if that's fair or lawful.

please, someone let me know! this is my first time getting in trouble for anything so I don't really know how it all works.

Could I possibly just be over thinking the situation?

Answer 1

Call a lawyer - and stop stealing.

Answer 2

This is something you really need to discuss with a lawyer.

Though, never being read your rights (or being asked to sign a Miranda form) is indeed unlawful, so that's something your lawyer can work with to get the charges dismissed. As to the other things you mentioned, as far as I know there's nothing wrong (or even terribly unusual) with it taking 5 hours for them to book you, and whether you think the bond is excessive or not really doesn't matter since it's in no way your decision to make. It actually sounds fairly normal to my knowledge. Also, who told you you would've gotten a slap on the wrist? Not that it matters, unless it was a judge presiding over your case or something. Otherwise, it's a person's opinion, and has no bearing on your case.

Now stop stealing, since I doubt you want to go through this again. Good luck.

Answer 3

That you were not read your Miranda Rights is wrong but it's your word against a Cops.

You lose...

Answer 4

Cops aren't required to Mirandize you. That only comes into play if they interrogate you and use your statements against you in court. The can hold you for 24 hours before charging you. $250 is nothing for bond. Number of offenses is only a factor in sentencing.  

Answer 5

If you weren't read your rights it definetly wasn't right you should talk to a judge or other cop or somebody. Im pretty sure the officer or officers will get in big trouble for not doing that. Good luck you might even get your bail back. Just realized something if they don't read you your rights you can not be arrested you are set free.

Answer 6

See the link:

http://www.quizlaw.com/criminal_law/what...

The “slap on the wrist” comment probably had to do with your bail:  A resident of Leon County would not be considered a flight risk and would be released without bail.  As a non-resident, you are assumed to be a flight risk.

You should see an attorney to see if you can get the charge against you dismissed or reduced.  If you plead guilty or are convicted, you will have a record with the word “theft” in it.  You do not want that.

Good luck.

Answer 7

"1. I was never Mirandized [read my rights]" Despite what Brian and most of America may think you do not have to have your rights read in every situation. Custody plus interrogation means you need your rights read. Most of my arrest result in Miranda never being used because I do not want excuses. I have already established probable cause to make the arrest in the first place.

Far as $250 bond being excessive that is funny c**p. We start at $500 and laws are not meant to taylor to criminals. The whole point is not to break the law in the first place. You play, you pay!

Answer 8

You are looking for ways to get out of a situation you created.  1- Is difficult to prove, you probably signed something during the course of events that shows you were mirandized. 2- You can be held for up to 24 hours without being charged. 3- 250 is not bad, be thankful, 4- It is up to the discretion of whoever you stole from and the arresting officers to press charges on alot of things (if i was a large breasted woman i probably would have gotten out of my speeding ticket)

You are trying to act like the police did something wrong to deflect attention from the fact that you broke the law and stole something.

Answer 9

Don't forget the most important part, you find yourself in this pickle because of your own actions.  Live and learn.

Answer 10

other than not being read your rights I don't see the problem

Answer 11

I believe your just over thinking this. If you do have any doubts, you can call a lawyer, but that will just add to your costs. Dont steal anymore.

Answer 12

You don't have to be read your rights.

You only have to be read your miranda rights when BOTH of the following exist:

1. You are in custody and not free to leave

2. You are being questioned about the crime you are in custody for.

If the police do not wish to question you, they are under no obligation to read you your rights. Just because the person being arrested on COPS is always read their mirandas doesn't mean anything.

Lastly,

IT IS THEFT!

Here is how it works.. stop stealing so you aren't in trouble anymore. Then you won't have to worry about trying to find loopholes.

Answer 13

1. If you were never Mirandized, then you will walk.

2. 5 hours for booking.  Not bad really.  Honestly, the police have better things to do, and your crime was petty enough that you took a back burner to more important police work.  You don't have a case on this point.

3. $250 - wow, that's cheap.  I would expect something more like $1000 for petty theft.

4. It would not be lawful to treat suspects differently depending upon where they live.  Frankly, you'd have to look at the past arrest records to see if this is actually true.  Having said that, it is up to the police wether or not to press charges in criminal cases.  Some discretion on their part is allowed; they just aren't using their discretion wisely.  it is probably not worth opening this can of worms.

You have a case about the Miranda rights.  The rest, you are overthinking.  But had they not messed up and actually read you your rights, you would be in for some consequences of your actions.  Best to change your ways and not steal ever again - petty or otherwise.

Answer 14

1)  If they never questioned you about the alleged crime, they do not need to read you your rights

2)  Five hours is not an excessive amount of time for the booking process!

3)  I think that $250 bond is extremely low for a first offense petty theft by a person that is a high flight risk!  You are not a permanent resident of the county where the incident took place (apparently) ... and are therefore a flight risk,  hence the bond.

4)  If you were a resident of the county where the offense took place, you would have gotten off easier than you did ... but you would still have had legal problems from this incident.  Permanent residents of the county are more likely to be "released on recognizance" than resident's from other areas ... they will be easier to find if they miss court!

Nothing out of line here that I see, except that the victim lost property to a common criminal!

Answer 15

Get a lawyer and don't steal.  Plain and simple.

Answer 16

1.  As has been noted, you can be arrested, prosecuted and sent to prison without ever hearing a Miranda admonition.  Why so many people here believe otherwise is beyond me.  If you are in custody and are subjected to interrogation designed to elicit incriminating responses, you're due a Miranda admonition.  If not, there's no reason to read it to you. And a Miranda violation has nothing to do with whether or not you were lawfully arrested anyway, and that's what you asked.

2.  Shame it took so long to get booked.  However, that also has nothing to do with whether or not you were lawfully arrested and that's what you asked.

3.  I think it's too little.  But again, what you or I think has nothing to do with whether or not you were lawfully arrested and that's what you asked.

4.  I'm not sure if that's fair or lawful either, since I really don't know what it means - but it has nothing to do with whether or not you were lawfully arrested and that's what you asked.

For anyone to tell you whether or not you were lawfully arrested, you'd have to tell people what happened BEFORE your arrest, not after.  Everything you asked about here took place after you were arrested and there's no information here about what took place before.