John Doe Rights in Question/arraignment

Terian Golphin

John Doe in Question/Arraignment

Kaplan University

Professor Maloney

August 09, 2010

John Doe Rights in Question/Arraignment

When a person is arrested for a crime; it depends on the crime that you are liable to be read you’re Miranda Rights.  In John Doe case, he needs to be read his rights; simply because he was shoplifting and the items were over a $1000 dollars.  Anything that is worth, valued or equal $500 dollars are more is a felony with the law.  The officer should have advised him of his right to remain silent, he has the right to an attorney, and the right to an appointed attorney if they are unable to afford counsel one would be appointed to him.  But in some case; if the rights have not be read, the judge that is signing the warrants for bond can also read the offender their rights.  But in an officer’s duty, they know when and when not to read out Miranda to an offender is arrested for a crime.  In Doe case he was incriminating himself of the crime that he had committed; so the officer should have stopped him and read him his rights.  After rights are read then the officer has the ability to take note for his report and for the warrant to be issued for bail to the judge.  If the rights aren’t read the offenders statements would be any good in the case when goes to trial.

            When the officer arrives at the station with the offender he needs to make sure that the offender understands his rights before he is questioned about the crime are any crime committed.  If the offender understands that his rights; then the officer can go ahead with is asking questions and taking notes the offender cannot go back and change any of the statements and think the officer is going to help with the statement.  This is criminating you again with another charge with false statement.  As for any officer that is questioning an offender he/she is to always ask the offender, “are you sure that this is your statement or is there anything else” before the offender is process for the prior charge.

            If the John Doe wants to take his charge of shoplifting felony to trail he does have that right.  But if the proceedings are taken to the preliminary hearing there needs to be enough of evidence to take his case to trial.  Preliminary hearing the attorney must have enough evidence to present to the judge that the accused should be held for trail.  But in the other hand the prosecuting attorney doesn’t want to reveal any evidence if necessary to prevent the defense from endeavoring to obtain perjured testimony for the case to be persecuted.    As for the grand jury system, it is to safeguard of the accused.  This system has been under for the defendant’s cases.  The grand jury system meets in secret meetings to talk about the case among themselves without the judge and the defendant present.  The defendant is not permitted to present any evidence in his favor.  The courts can hold either a grand jury hearing or a preliminary hearing; as they see fit to satisfy the due process of the law.

            Now due to John’s not having no prior arrest’ the judge is going to have several issues with him’ because he is from another country.  In the state of Georgia and probably is several other states they are conducting an immigration screening of all non-American citizens.  Many are caught and returned back to their country.  As for John Doe the judge is going to deny his bond due to his citizenship.  This is going to classify him as a flight risk.  Judge is thinking if he/she sets his bond; he is going to go back to his country and not return back to the United States to take care of the charge once he is released on bond.  Plus the immigration agency is going to do their part of screening to see if he has some prior charges in the state where he is currently from.  If there is any record of him in the data; it is possible that he will not be released until the charges are taken care of and then once the charges has been to court he will be deported back to his country to take care of the other charges in his country.  The most judges look at that area of an offender if they might be a flight risk; because they want the charges brought to justice when committed in the state of the law.