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    angelloca's Avatar
    angelloca Posts: 1, Reputation: 1
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    #1

    Oct 29, 2008, 11:23 PM
    Motion to withdraw
    Hi. My sister is trying to find out how to get a motion to withdraw form because she was not read her miranda rights when she was arrested. Do you have any idea how I can go about finding this form. I have searched and searched until my eyes hurt. Thanks:confused:
    homebirthmom's Avatar
    homebirthmom Posts: 160, Reputation: 15
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    #2

    Oct 29, 2008, 11:25 PM

    Best bet, call court house or an attorney, even public defender in your area.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Oct 30, 2008, 04:12 AM
    Hello angelloca:

    A motion to withdraw, is what a lawyer uses when he quits a case...

    There isn't a form for what you're looking for. It's a motion to dismiss. Besides, it ISN'T the form or the motion that counts. It's the argument IN the motion.

    Your sister needs good legal counsel.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Oct 30, 2008, 06:46 AM

    Next, you are not read your rights when you are arrested, that is TV, I have arrested 100's of people over the years and only a few were read their rights at the location where I arrested them, If I was going to question them, there I would, but not to arrest.

    When you get back to the station then they have you sign a paper that you understand and have READ your rights on the paper, But they only do that if they are going to question you also.

    For example if you walked into a store with a gun, and they arrested you in the store with the gun, on video, they may not even question you, you would never be read your rights, since they have all the evidence they need to convict you.

    And at most, if you were questioned and not read your rights, that does not dismiss the case by any means, it only stops them from using the evidence they got from that questioning in court.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #5

    Oct 30, 2008, 06:19 PM

    Chuck gave the best possible answer to this age old question of "They didn't read me my rights". They don't HAVE TO. That's only for television and the movies. In real life it does not matter if they are not going to question you.
    homebirthmom's Avatar
    homebirthmom Posts: 160, Reputation: 15
    Junior Member
    		  
    #6

    Oct 31, 2008, 08:36 AM

    This may be the truth, about them not having to read you your rights... but I'd still check out attorneys on the matter... just in case.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Oct 31, 2008, 08:49 AM

    You need to explain this further. I think you mean a motion to dismiss but I'm not sure.

    And not being read your rights is not grounds to dismiss. All reading your rights is about is that anything you say to the police cannot be used in court against you in court, unitl you have been read your rights and agreed that you understand them.

    So if your sister wasn't read her rights, that may not matter. For example, lets say she was accused of robbing a liquor store. Lets say further that the police have a surveillance video and an eye witness that proves she robbed the store. The police would NEVER have to read her her rights, since they have sufficient evidence from other sources to bring her to trial.

    So, if you want us to help further, you need to explain exactly what you are trying to do.
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