Anonymous
Anonymous asked in Politics & GovernmentLaw & Ethics · 10 years ago

What will happen in this court case?

6.Jane Doe was arrested for a DUI; Jane signed a confession and was sentenced to 1 year probation. Jane’s family later hired a defense attorney that appealed the case because she was not read her rights to have an attorney present. Will her sentence be overturned? Explain your opinion using the bill of rights.

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  • 10 years ago
    Favorite Answer

    Didn't even try and disguise your homework question.

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  • 10 years ago

    In California,

    Hypothetically speaking,

    You asked about Miranda.. Here is Miranda.

    You have 6 months to withdraw your plea. If you wait a year, the statute is blown and you will not be able to withdraw your plea.

    Regardless of the procedural requirements of the withdrawal of plea,

    The 5th Amendment protects an individual against self-incrimination.

    That said, Miranda attaches to evidence that is testimonial in nature and only after a person is placed under "arrest" or is physically "detained".

    For most DUI arrests, police officers ask their questions, conduct their field sobriety tests, and even ask you to submit to a PAS breath test prior to the defendant being arrested or detained. In fact, these questions and tests are the probable cause basis for the arrest. The breath or blood sample at the station is physical evidence, and thereby Miranda does not apply to physical samples such as blood or breath.

    Thus, Miranda only applies to testimonial evidence after the arrest or physical detention occurs.. Since the evidence needed for conviction was obtained prior to arrest, there is no basis to overturn the conviction.

    NOW, if the individual was arrested or physically detained PRIOR TO THE DUI INVESTIGATION, Miranda would apply, however, Miranda would only EXCLUDE STATEMENTS MADE after the officer violated the defendant's Miranda Rights. Physical evidence, such as BREATH SAMPLES AND BLOOD SAMPLES, would still be admissible. Thereby, the conviction would still be upheld.

    MORE OR LESS, MIRANDA is NOT WHAT PEOPLE think it is. Those "law and order" shows where "lack of Miranda warnings" gets the entire case thrown out, is usually due to a confession, which is testimonial in nature and is usually depicted to occur back at the police station and in some interrogation room. (Thus arrest or physical detention requirements are usually met).

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    Information on this site is strictly for general informational purposes only and should not be construed as legal advice for any individual case or legal situation nor does this site create an attorney client relationship

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  • Anonymous
    10 years ago

    You just qualified the reasoning. No rights read which means the arrest is unconstitutional and weren't allowed access to a lawyer or phone call

    No Miranda no valid charges

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