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  #36  
Old 11-25-2008, 07:46 PM
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no pleading is not questioning. pleading is entering a plea of guilty or not guilty to a charge. that happens way after you are arrested. you have to go before a court to plead. i would be very surprised if there is any common law or legislation allowing arrest rights (which are what you call miranda rights) to be read at an arraignment. there are copious amounts of case law on the subject. questioning of police to an accused or a potential accused without the rights is defunct. at least in this country it is. maybe you misunderstood the judge. or perhaps they've changed the law for summary offences and indictable offences. it doesn't matter WHAT you are charged with here, arrest rights first up or it is a defunct interview.

the only thing that should be read at an arraignment are the charges. that is the actual definition of arraignment.

it defies logic for a judicial officer to read arrest rights. they ARENT arresting the person.

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  #37  
Old 11-25-2008, 07:50 PM
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What I meant was not that it was questioning like interrogation, but literally questioning because you have to say something. What she just said several times was that no one asked her anything prior to arraignment. So no self-incrimination, but the sticking point for me is that it seems that legal advice is needed before entering a plea.
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  #38  
Old 11-25-2008, 07:51 PM
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Originally Posted by cantankerous View Post
no pleading is not questioning. pleading is entering a plea of guilty or not guilty to a charge. that happens way after you are arrested. you have to go before a court to plead. i would be very surprised if there is any common law or legislation allowing arrest rights (which are what you call miranda rights) to be read at an arraignment. there are copious amounts of case law on the subject. questioning of police to an accused or a potential accused without the rights is defunct. at least in this country it is. maybe you misunderstood the judge. or perhaps they've changed the law for summary offences and indictable offences. it doesn't matter WHAT you are charged with here, arrest rights first up or it is a defunct interview.

the only thing that should be read at an arraignment are the charges. that is the actual definition of arraignment.

it defies logic for a judicial officer to read arrest rights. they ARENT arresting the person.
again i totally agree. but like i said every time ive been arrested as an adult they didnt read my rights until the next morning at arraignment. now that i think of it though maybe you dont enter a plea at arraignment, they just ask if you understand the charges and have you sign a slip of paper saying you understand the charges. its been about 3 years since ive been arrested so im a bit fuzzy on the procedure. i do however know that they dont read rights until you go before the judge because i remember making a big fuss about it one time.
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  #39  
Old 11-25-2008, 07:54 PM
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Originally Posted by Wildwoman View Post
What I meant was not that it was questioning like interrogation, but literally questioning because you have to say something. What she just said several times was that no one asked her anything prior to arraignment. So no self-incrimination, but the sticking point for me is that it seems that legal advice is needed before entering a plea.
an accused has a right to defer determination of the charges to seek legal advice but you certainly aren't compelled to have legal advice before you enter a plea

perhaps arraignment in the US is some form of initial contact with the court.

but essentially, it doesn't matter. this thread is about a traffic offence.
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  #40  
Old 11-25-2008, 08:02 PM
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I knew we were far beyond the subject of the thread, but that person wasn't even arrested, they just didn't understand what actually happened. I think arraignment is essentially what you just described here as well - I just googled it, and it basically said the charges are stated and a plea is entered. One thing did mention that a judge will ask if you can afford a lawyer or you want one appointed, so maybe if you ask for a lawyer at that point you don't have to plead until you get one?
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