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Originally Posted by ScottGem

Its not that cut and dried. A person has to be mirandized BEFORE they are arrested. But you were never arrested. Also I've never heard of a "ticket" being issued for any crime of theft.

How do you know this was a police officer? I still have my doubts.

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He was dressed in full uniform. I have been to court on the ticket and asked for a continuance. He was a real cop not a rent-a-cop.

The violation code is IL Chapter 720 section 5/16-2

Part of the issue, we catch a shop lifter with the things in their pockets, we don't even have to question them,

If we do without reading them their rights, we just can't use what they say in court, does not stop the court case.

But I have one I remember, caught the boy driving the stolen car, close to end of the shift, never questioned them, just arrested them, and charged them. The DA investigators may or may not have questioned him and read him his rights. But we had him in the car, did not need a statement from him,

Hello again, LuLu:

Like I said a while ago, I think you can get your confession thrown out. But, it's going to take a lawyer. You can't do it yourself. Part of the Miranda warnings informs you that if you can't afford a lawyer, one will be appointed to you at no charge...

If you CAN'T afford a lawyer, the next time you're in court, tell the judge you didn't receive your Miranda warnings and you need a lawyer. You shouldn't have to say more than that. If they try to proceed anyway, and they might because they think it's a pretty minor infraction, you must insist upon it.

Do NOT let them railroad you. Speak up.

excon

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Originally Posted by LuLu16

I have been to court on the ticket and asked for a continuance.

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Gee you never thought it important to mention that before?? That's twice tonight that OPs have dropped some nugget of information that shouldn't have been mentioned up front.

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Originally Posted by scottgem

gee you never thought it important to mention that before??? That's twice tonight that ops have dropped some nugget of information that shouldn't have been mentioned up front.

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Sorry!

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Originally Posted by LuLu16

He was dressed in full uniform. I have been to court on the ticket and asked for a continuance. He was a real cop not a rent-a-cop.

The violation code is IL Chapter 720 section 5/16-2

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Absolutely amazing! How much time and energy have been spent on this and now... whoops!

Again - amazing and discouraging.

What is this, a game for people?

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Originally Posted by JudyKayTee

Absolutely amazing! How much time and energy have been spent on this and now ... whoops!

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I have to agree, I did some considerable research on Mirandizing to help this OP. Research I would not have had to do had I known this issue went to a court.

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Originally Posted by JudyKayTee

Absolutely amazing! How much time and energy have been spent on this and now ... whoops!

Again - amazing and discouraging.

What is this, a game for people?

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I do not consider this to be a game. I stated that I received a ticket and what it was for. I was not trying to hide or leave information out.

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Originally Posted by LuLu16

I do not consider this to be a game. I stated that I received a ticket and what it was for. I was not trying to hide or leave information out.

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Whether you tried to or not, you did, and a LOT of people expended a lot of time and energy and went back and forth in order to get the correct answer for you.

I do not think you are focused enough to fight this fight yourself - you need an Attorney.

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Originally Posted by JudyKayTee

Whether you tried to or not, you did, and a LOT of people expended a lot of time and energy and went back and forth in order to get the correct answer for you.

I do not think you are focused enough to fight this fight yourself - you need an Attorney.

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I think you are being unduly harsh.

I stated in my FIRST post that I received a ticket and what it was for. Did you by chance miss that?

I am appreciative of everyone's help here but there is no need to get mean about it!!

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Originally Posted by LuLu16

I think you are being unduly harsh.

I stated in my FIRST post that I received a ticket and what it was for. Did you by chance miss that?

I am appreciative of everyone's help here but there is no need to get mean about it!!!

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And did you read all the responses that questioned that ticket and the nature of the officer? Did you by chance miss that?

The fact that you have been to court on this issue was extremely relevant and would have changed several responses. It should have been very obvious how important that little fact was. Not only did you waste our time, but your own.

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Originally Posted by LuLu16

I think you are being unduly harsh.

I stated in my FIRST post that I received a ticket and what it was for. Did you by chance miss that?

I am appreciative of everyone's help here but there is no need to get mean about it!!!

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Before you criticize me - did you "by chance" read and respond to the repeated questions about whether the mall police OR the "real" police stopped you? It seems that you knew all along and didn't bother providing the information.

This could have been answered in about 4 posts instead of dragging on and dragging on, trying to get information from you.

With your attitude and understanding of events affecting your own life I see no hope of you "winning" this. You need an Attorney.

Did you "by chance" understand that?

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Originally Posted by JudyKayTee

Before you criticize me - did you "by chance" read and respond to the repeated questions about whether the mall police OR the "real" police stopped you? It seems that you knew all along and didn't bother providing the information.

This could have been answered in about 4 posts instead of dragging on and dragging on, trying to get information from you.

With your attitude and understanding of events affecting your own life I see no hope of you "winning" this. You need an Attorney.

Did you "by chance" understand that?

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I posted that it was a real officer not a rent-a-cop in post 8. The fact that I went to court did not seem necessary as nothing was done there except a continuance.