October 8, 2008

  • Joey Bergamine, 19, who is
    preparing for a re-trial in Fayetteville, N.C., on a DUI charge
    stemming from a July 2007 incident, will argue that he should have been
    advised of his right to have a lawyer present when his father kicked
    open his bedroom door hours after the incident to help police officers
    who had come to question him. Joey’s father is the police chief of
    Fayetteville, and Joey’s lawyer said entering a locked room, as well as
    the subsequent interrogation, constituted “police” action and not
    “parental” action, and since his dad failed to “Mirandize” him, the
    charge should be dismissed.





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