Legal Question in Criminal Law in Ohio

arrest and indictment

I took a perscription to walgren's to be filled after leaving the doctor's office. Once at walgreen's I was greeted by the police, where I was told I wrote A #1 in the refill line for A perscription of 2 percidan pills. Which I did not do. I think it was an honest mistake at the Dr.'s office but the police told me I would be charged with Forgry and sent me home. They did not arrest me nor did they read me my rights. They filed charges under decption to obtain a dangerous drug but my indictment charges me with illegal processing of drug document. At court today I was ordered to be finger printed and released on my own recog. and they have set a pre-trial date not to mention they changed the drug to oxycodone. My question: Were the police that evening or the sherriff's dept today suppose to have read my rights to me since I have now formaly been charged and how can they change the charge or drug that I was accussed of in the first place which is public record?

Asked on 5/30/02, 8:10 pm

1 Answer from Attorneys

Michael Brandabur Brandabur Law, LLC

Re: arrest and indictment

The reading of your rights you refer to are your Miranda warnings. These only need to be read to you if they are going to ask you questions, other than general booking questions. The Miranda warnings are designed to protect you from making incriminating statements. Frequently, a defendant will not be Mirandized, as the arressting officer will not ask questions that require the warning. Furthermore, the Miranda warnings only come into force when you are in a "custodial" situation. This is very fact dependent. Finally, if you were asked questions, and then answered them in violation of your rights under Miranda, the remedy is the suppression of those statements and evidence that obtained as a result of those statements.

As for altering the indictment to reflect a drug name, the indictment can be altered all the way through trial. Just has to be done properly.

You appear to have several concerns. I strongly urge you to discuss them with your attorney. If you don't have one, then your lack of knowledge about the legal process and your rights will likely have serious consequences. Don't wait to retain a good attorney until the appeal, as that is frequently much to late.

Good luck.

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Answered on 5/31/02, 10:29 am

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