Q: Should I be arrested for a mis. tbut? Not read rights,in jail 6 hrs asked for call repeatedly &denied.Should I complain?
Was not read any rights and was arrested for tbut misdemeanor. Should I have been arrested if not felony and way under $1000. I cooperated and returned items. Wasn't charged with trespassing for those reasons. Detained 6 hours &asked many times for call to my mother who had my daughter & was expecting me back bc I had just text & said I was on my way & just never showed bc I was arrested. Also was due to be at work at 9pm (arrested at 530pm)wanted to let my manager know so I wasn't fired for no call no show. I explained all of this &was denied using the phone still. Basically said I shouldn't have shoplifted & I wouldn't be there or have these problems needing to let my mom or my job. Cop &guard both made these comments when I asked to let someone know where I was & both were rude about it. NO ONE knew where I was for 6 hours. Had multiple managers from job texting asking if I was ok bc not like me to not show up. Do I have justified reason file complaint & bring up in court
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A:
It's important to understand that the legality of an arrest depends on the circumstances of the case and state laws. Being arrested for a misdemeanor, even if the value of the item is under $1000, can still be legal. However, the issue of not being read your Miranda rights is concerning, especially if you were interrogated without these rights being read to you.
Regarding your treatment while in custody, you have certain rights. The denial of a phone call, especially when you needed to inform someone about your whereabouts and situation, is a matter that could be raised as a concern. The behavior of the police officers and the guard, as described, could be considered unprofessional and might warrant a complaint.
You have the right to file a complaint against the police department for the way you were treated. This can be done through the department's internal affairs division or a civilian review board, if available. Additionally, these issues should be brought up with your attorney, who can advise you on the best course of action and how this might impact your case in court.
Remember, every situation is unique, and legal advice should be tailored to the specific circumstances of your case. Therefore, consulting with an attorney who can provide personalized legal advice based on all the facts is crucial.
Timothy Denison agrees with this answer
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