Found an issue on this page? Let us know and we will look into it as soon as possible.
Was Detainee More Then 72 hours was not able to make not one free call , also 8 months pregnant
Anonymous4 views3 answers
I was detained 6:10:2021 and was detained almost 72 hours without free phone call. Also during detainment my Miranda right was NOT read to me while they arrested me with my hands behind me back for hours ( deputy said that was not suppose to happen ) while detained I was not fed food or water for 24 hours & denied medical attention for hours from cramping cause no water ?
Because the police did not allow me to make any phone calls my kids was taken into cps because I have no family in California. What do I do ? Do I have a case ?
What do I do
Terry Alan NelsonCriminal Defense AttorneyHuntington Beach, CA ·
Yes, you have a case. A criminal case which you can defend against by hiring an experienced criminal defense attorney, like one of us here on this panel. Miranda warnings are only required before you are interrogated AFTER arrest. If you confessed or admitted anything in discussions after your arrest, then your attorney can seek to suppress those statements in various Motions. As to cuffs, food, and medical attention claims, your attorney can determine IF there were any substantial violations, that could benefit you in your defense plea negotiations or at trial, or potential civil claim.
Do you have a case for what? By the way you don't automatically get a Miranda admonishment unless you are in custody or arrested. And if you didn't make a statement then what does it matter? Even if you made a statement the most you get is suppression of the statement. And this getting a phone call within 72 hours is a myth. You are not entitled to a phone call within 72 hours or otherwise. Neither are you entitled to food or water while you are in custody at a specific time. Finally your kids were taken by CPS. I often hear female defendants tell a judge about their kids to which the judge usually says "And when you were committing a crime did you think about your kids?" Not a convincing argument.
