In nine out of ten Police Departments in California the Police deny the individual that they arrest his /her Miranda Rights. These Police Officers take the individuals into custody, slap them into cuffs and haul them off to jail without reminding them that they have the right t remain silent. If they remain silent they won’t be held against them. They also should advise them that if they cannot afford and attorney one will be appointed for them. They also should tell them that they should be also told that do they understand these rights as they were stated. If the person says, “Yes” then they can be taken into custody.
Also after they are taken to the Police Station they should be arraigned within twenty-four hours and asked if they would like to be let out on bail or on their own recognizance and to return to the court for trial at a later preset date. If so the person is sent back to the jail after court to await his release with a particular court date set by the arraigning court. The person is then released from custody with all of his property and is allowed to go freely to his home.
As forethought, this individual writer has been arrested seventeen times without his Miranda Rights being stated. It is very vivid in my memory as to what went down during that time. The Police took me into custody right off the street and hauled me off to the local county Jail. They obviously were told to take me off the streets by some unknown individual within the confines of the city that they have jurisdiction over. Seventy- two hours later in Sacramento County, I was arraigned for the trumped up charge of 484 PC. The judge never asked me how I wanted to plea. He just looked at me and sentenced me to fourteen days in the County Jail for the same offense which in essence was double jeopardy. The problem again cropped up when I was an applicant for a job with a City in Los Angeles County as a Police Officer. I properly identified myself to the Officer at the front desk in that Department and when they had a chance they knocked me down and drug me through the lobby into a elevator and down stairs to the booking room. Then I was booked without reading me my rights and arrested on the charge of 415 PC which they thought I was disturbed by a loud noise. I then was taken to court the next day and sentenced to ten days in County Jail which was actually fourteen days. In addition to that I was given 12 months Probation without reporting for a Misdemeanor. I served my probation and never will call another Police Department again unless it is a dire emergency..
One can say that this man has learned his lesson and will probably never drive or go outside again without the proper legal faculties at which I have acquired over the past twenty-five years.
Glen G. Mayberry
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