Shoplifting, Larceny, Robbery, Theft Theft

G

Gamer556

New Member
Jurisdiction
Iowa
If I was not read my Miranda rights throughout being arrested on a 5th degree theft and my name was clearly stated/printed incorrectly publicly in the Iowa newspaper, plus incarcerated for several days before posting bail is there any chance of case getting tossed out?
 
Gamer556 said:
If I was not read my Miranda rights throughout being arrested on a 5th degree theft and my name was clearly stated/printed incorrectly publicly in the Iowa newspaper, plus incarcerated for several days before posting bail is there any chance of case getting tossed out?
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You have a better chance of becoming the governor of Iowa than getting your case tossed for the reasons you cite.

I suggest you request a public defender, stop discussing any aspect of your case, plead not guilty, then talk ONLY to your lawyer.
 
You watch too much television. Miranda is not necessary unless you are interrogated while in police custody. It's not needed in the majority of arrest cases.
 
No.

You need to discuss your case & options with a lawyer & talk only to the lawyer. If you cannot afford a lawyer - when you go to court, plead not guilty & request a public defender.
 
I have trail court dec. 23rd but I never hired a lawyer or PD . what do I do when I go to court ? Can I ask for a lawyer or public defender or is just to late? I never waived my rights to a speedy trail , can I still do that or is it also to late for that?
 
Gamer556 said:
I have trail court dec. 23rd but I never hired a lawyer or PD . what do I do when I go to court ? Can I ask for a lawyer or public defender or is just to late? I never waived my rights to a speedy trail , can I still do that or is it also to late for that?
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You plead not guilty, and ask the court if you qualify for a public defender.

Then you say NOTHING about the case, except to say, you're not guilty.

When you get a lawyer, you speak to him or her and no one else.
 
OK thanks so much. I want sure if I could still do that and yes I qualify for a public defender I just want sure if I could appoint one at this stage of the legal process.
 
Gamer556 said:
OK thanks so much. I want sure if I could still do that and yes I qualify for a public defender I just want sure if I could appoint one at this stage of the legal process.
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Super, just remain calm, be polite, and be prepared with an answer as to why you didn't hire a lawyer.

Many people say they tried, but had no money.
Some say, they just learned that they could request a public defender.

If no one asks, just smile and be polite.
 
While you wait for your court date start calling Lawyers. Many offer free consultation. When you meet with these Lawyers you can discuss your defense and/or plea options as well as costs. Depending on your income you may or may not meet criteria for PD. Even if you do this PD may spend little or no time with you and could make deal with DA prior to meeting with you. This is way its a good idea to meet with several Lawyers before court so you have knowledge of what might be best for you. Be sure to ask about plea options like ACD or Diversion that will keep a conviction off your record.
 
army judge said:
You plead not guilty, and ask the court if you qualify for a public defender.

Then you say NOTHING about the case, except to say, you're not guilty.

When you get a lawyer, you speak to him or her and no one else.
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Thanks for the help judge army. I got to tell you about something that kind of shocked me. It was the fact that I didn't have to show up for court on Dec. 23rd 2015 .

I was able to call the clerks office and speak directly with the Judge and prosecuted over the phone.

I did like you said Judge, I respectively ask for a court appointed counsel as I didn't do during my preliminary hearing earlier that month.

The prosecuted then got on the phone after the Judge granted me they option of filing for a court appointed counsel , very kindly began to offer me a plea ; of no jail time , drop two out of the three charges with a year of probation if I plead guilty to the " Theft from building ".

I then replied kindly and respectively " No " , we then continued to proceed with the next two dates. Just want to say thanks Judge for the info because I didn't know what to do or say. Plus I didn't know you could call the court house instead of show up at least for my first court date.
 
Gamer556 said:
Thanks for the help judge army. I got to tell you about something that kind of shocked me. It was the fact that I didn't have to show up for court on Dec. 23rd 2015 .

I was able to call the clerks office and speak directly with the Judge and prosecuted over the phone.

I did like you said Judge, I respectively ask for a court appointed counsel as I didn't do during my preliminary hearing earlier that month.

The prosecuted then got on the phone after the Judge granted me they option of filing for a court appointed counsel , very kindly began to offer me a plea ; of no jail time , drop two out of the three charges with a year of probation if I plead guilty to the " Theft from building ".

I then replied kindly and respectively " No " , we then continued to proceed with the next two dates. Just want to say thanks Judge for the info because I didn't know what to do or say. Plus I didn't know you could call the court house instead of show up at least for my first court date.
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See, politeness and civility can do wonders.
Mom always said, be polite, courteous, and smile.
Now stay out of trouble, don't break any of their laws, and don't take any deals until you've discussed EVERYTHING with your lawyer.

If you do take a deal, make sure you follow your part of the bargain.
If you mess up, the consequences will be harsh.
If you take a deal, do everything you're required to do, your life won't be destroyed.

Good luck.
 

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