Legal Question in Civil Litigation in Georgia
My husband got pulled over in Tifton, Ga and unfortunately he left his license at the western union and he is not a US citizen. The sheriff made him follow him to the station where he proved that he has to have a valid license in order to rent a car in his name, however he didnt right the citation on the scene. The sheriff told him that he had to pay a fine of $350 right then or he would have to spend time in jail until Tuesday, July 6. Even though he has never encountered this before he agreed to pay the amount to avoid going to jail. Because he didnt have cash on him, the sheriff made him get into the back of the patrol car to take him to an atm machine. Once he got the money and was brought back to the station, he received a receipt from what looks like a personal receipt book because there was no imprinted information from the county on the receipt. He also was given a notice of arraignment that states cash bond, even though he never technically or physically arrested or read his Miranda rights, to appear to court for the speeding ticket. My husband was traveling alone and I feel as if he was taken advantage of because he was by himself, withut a license, non US citizen, and a black male. WAS ANYTHING THE SHERIFF DID LEGAL???? PLEASE HELP!!!!!!!!!!!!!!!!
3 Answers from Attorneys
You are asking for a guess, based on one side of the story and mostly assumptions about what you "feel.". Unless a lawyer here is from that county or who knows exactly how they do business, you won't get a meaningful response. If you have questions you want to pursue, call a lawyer in that county.
Your husband was cut a break. Since he had no license with him, he was arrested. The officer could have put him in jail and had him await bond (it was a bond, not a fine) but helped him by allowing him to go to the ATM. As soon as he was put in the car, he was under arrest. If he fails to appear for arraignment, that cash bond will be forfeited, his license can be suspended, and a warrant can issue for his arrest.
You have a huge misconception about Miranda. People do NOT have to be read anything when they are arrested. The failure to give Miranda rights simply means the officer cannot use any statements your husband made.
Since you are so unfamiliar with the procedure, and seem distressed at an officer helping your husband when he could have simply jailed him, get a lawyer.
You need to talk to a criminal/traffic attorney quickly in Tift County, Georgia.
Miranda only applies to statements made by your husband while he was in custody. Anything your husband said can and will be used against him in a court of law EXCEPT for any statements made while your husband was in custodial deterntion and which were incriminatory.
Know that there have been incidents in which the police do take advantage of immigrants and it is not possible to tell here without more information. However, since your husband was given an arraignment date, it sounds like that your husband posted bond and that is why he needs an attorney.
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