Q: If an officer states that you can have an attorney without charge and you ask what is without charge....
And they don't give an answer, isn't it safe to say that you couldn't have knowingly and intelligently waived your rights because you didn't know you could have an attorney for free if you couldn't pay for one? Further, doesn't it also mean you didn't understand your warning in simplified form
A:
If you "waived your rights", the question boils down to this: "what was the result?".
- Did you make an incriminating statement?
- Did you enter a plea without the advice of an attorney?
If you can prove that you didn't understand the "Miranda warning", you might be able to avoid the effect of such a result.
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