Q: They didn't read me my rights, what effect will that have on my case?
A: Generally speaking, law enforcement officers only have to read you your rights when they subject you to custodial interrogattion. In other words, they don't have to read your your Miranda Rights until you've been taken into custody and they want to question you related to a crime. Additionally, even if you are in custody they don't have to read you your rights to ask simple booking questions such as your name and address.
Q: Is it true that if I don't sign the rights waiver they can't use anything I say against me?
A: No. If you waive your rights, regardless of whether you do it in writing, the information you give can be used against you. The safest course of action is not to say anything until you've had an chance to speak with an attorney. You'll always have a chance later to give a statement but once you say something you can't take it back.
Q: Do I have to consent to a search?
A: No. Think about it, if law enforcement officers ask you, it means you have a choice. Like waiving your right to remain silent, you can always consent to a search later after you've had a chance to consult with an attorney. Even if you don't consent to the search, they may go ahead and conduct the search anyway. That's okay because the issue of whether they had probable cause to conduct the search will be reveiwable later by a judge.
Q: I had to post a bond to get out of jail, when do I get that money back?
A: If you posted a cash bond, you'll get that money back when the case is over, i.e., case dismissed, you go on diversion, etc. If you used a bondsman and paid the bondsman a percentage of the total bond amount, e.g., $1,000 / $10,000, you won't get any of the $1,000 back. The $1,000 you paid to the bondsman is the bondsman's fee for thier service to you.
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Copyright 2017 Michael R. Clarke - Kansas criminal defense attorney.
Mailing Address: Clarke Law Office, 1441 Wakarusa Drive, Suite 200, Lawrence, KS 66049