Q: I got a misdemeanor A charge for having my mother’s handicap sticker. The officer also didn’t read me my Miranda rights.
I got stopped for expired tags, my car smelled like weed, no drugs were in the car he searched the car for weed but found handicap placard in window i had dropped my mom off and still had it hanging as i was driving. (Its registered in my mother’s name) i got a charged with counterfeit placard he’s saying it is fake. I did not park or was in handicap when i got pulled over at the stop light. Arrested me didn’t allow me to make one phone call before arrest nor did he tell me what i was being arrested for.
A:
This sounds like a misunderstanding of the law based on TV cop shows. They don't have to allow you a phone call before arrest and failure to inform you of your Miranda rights can lead to the suppression of any statements you made during custodial interrogation. Basically, it only matters if you confessed after being arrested.
All that being said, you should hire a local criminal defense attorney to represent you in this matter. It is wise to choose an attorney with an office in the same county where the charges were filed. The search may be vulnerable to suppression and the officer might not be able to prove that you actually committed a crime other than expired tags.
1 user found this answer helpful
A:
It sounds like the officer was disappointed in finding some weed to charge you with. Having a handicap stick inside the car and not displayed isn't illegal.
You should hire a lawyer.
1 user found this answer helpful
A: What you describe will not cause dismissal of the charges. Call a local attorney before your court date and bring proof of proper placard registration. Good luck.
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