legal questions...

[dfagdfsh]

I would suggest that instead of talking to the police further you do nothing until you have spoken to your lawyer

 

[lawyerdad]

Originally Posted by KBW

I do not want to sue...I do not need the $, everyone came out injury free other than my wrists but they'll be fine, and my insurance is paying for my car. I just want the charges dropped. I was never given an explanation for the PDOC and now I have a trial for it in the morning. I think that is ridiculous. I'm going to get their early tomorrow and try to get the officer to give me an explanation but either way will ask for a jury trial so I have some time with my lawyer.

I don't see how in the world the public disorderly can stand when I have several witnesses and words coming from the cops own mouth to the judge that I was very cooperative and polite. I'm going to ask the judge to bring the tape from the bond hearing when the officer told him that. My lawyer feels as I do that after being held for several hours in cuffs that they felt they had to charge me with something so they slapped me with a PDOC. I'm far from a disorderly person and I do not want that on my record.

Your lawyer is probably correct. I would certainly stand on your rights and go to trial unless they agree to dismiss the charges. The judge may or may not agree to provide the tape from the bond hearing. You might have to order a transcript of the hearing.

 

[NewYorkIslander]

Dude, sorry for your trouble. Unfortunately this is America...home of the free, democracy, its all BULLSHIT. Our system is set up with so much beauraucratic red tape that your example here is the rule and not the exception. I have a buddy who was arresyed last Xmas, never charged, never read his rights, never given a phone call, and was in jail with real derelicts for 3 days until a judge saw him. He is suing the NYPD, but the process is so time consuming and energy consuming he is thinking about dropping it.

I have no faith in our juducial system, but thank god I am not of color, because if I was, I'm sure the system would have failed me planty by this point in my life. Sorry for being so negative, just how I feel.

 

[KBW]

To everyone saying I should get disclosure before the trial or whatever that is (lawyer dad called it discovery I guess) I'm not sure how I could do that. I asked the lady working the front at the police station if I could speak with the officer as I was let out but he was off work and they could not give me his personal number. His next time on the job starts with my court time at 8am. The guy never once told me anything about my ticket. He handed me the ticket as he was putting me in the cell and was out the door before I could read it to ask him about it.

Another thing I forgot to add earlier is that my license was NOT in the bag with the rest of my personal belongings and when I asked for it at the front desk they didn't have a clue. I think if I wanted to I'd have enough to sue (they would have to provide the camera of me in the car asking for my cuffs to be adjusted if I asked, I have the bloody pants, and pictures) I can request video showing that I was detained for several hours without being given reason. They impounded my car without me having a driving violation among other things. I hope to have little problem in getting this taken care of. Although this isn't a big deal currently it could bite me in the future if put on my record.

 

[KBW]

Originally Posted by NewYorkRanger

Dude, sorry for your trouble. Unfortunately this is America...home of the free, democracy, its all BULLSHIT. Our system is set up with so much beauraucratic red tape that your example here is the rule and not the exception. I have a buddy who was arresyed last Xmas, never charged, never read his rights, never given a phone call, and was in jail with real derelicts for 3 days until a judge saw him. He is suing the NYPD, but the process is so time consuming and energy consuming he is thinking about dropping it. I have no faith in our juducial system, but thank god I am not of color, because if I was, I'm sure the system would have failed me planty by this point in my life. Sorry for being so negative, just how I feel.
I understand exactly what you are saying. I'm currently in the south (not in Oakland currently) and I saw first hand over the weekend how they treat different people differently. I wasn't treated very well but I saw 4 blacks that were treated like complete ****. They would say something and the officer would reply "oh sure" or "whatever" which I think is ridiculous. They were also jerked around and fussed at. I think they didn't like me because I had a nice car and nice clothes. They called me a "rich kid" several times and while I'm young I've basically ran my father's business for several years and I run my own as well currently and pay for my own belongings and have for years for the most part. The lady who denied me a phone call told me "I don't want to hear your bragging about where you go to college" when all I did was tell her my school ID wasn't trash when she was throwing away stuff I used to clean up my blood and my id had blood on it. I currently live in a lower class town (at the same time there is a very separate nice area of town that the rest of the town hates and unlucky for me when I have a run-in with the law I live in that area). Also can you tell me what your friend was arrested for? (i'm just interested)

 

[Texasmade]

I live in Houston, TX and we have some of the most corrupt officers around. I don't know how it is where you live but this is how it is in Houston.

In city jail, you don't get your one phone call. There's a general cell which has 2 phones which can only make calls to land lines. If there's 50 people waiting in line to use the phones and you don't get to use them by the time you get switched to the bunk bed cells then you don't get a phone call until the next meal time.

The jailing officers can do anything they want. If you're being disrespectful to them in any way, they won't hesitate to give you a beat down and put you in the infirmary.

As for the bond posting, you can't get bonded out until the judge sets your bond. Even though your fiancee was right there ready to bond you out, your bond was not set yet so the police couldn't let you out. That's why the worst day to be arrested is Friday since judges don't work over the weekend to set your bond.

After all that said, it sounds like you experienced a typical night in jail.

 

[dirk diggler]

well, be glad Mr PoPo didn't decide to introduce you to Mr. Nightstick. I could go on (esp about the condition of the cell) but you have been through enough. I do "know" a prosecutor out there in Oakland (she is damn fine), but I think she only does felonies. Good luck.

 

[lpresq]

How did you manage to actually hit the bank??? Is your car alright?

That said, you're being arraigned tmrw. At the arraignment, the judge will set out what you're being charged with, and you will be given the opp. to plead guilty or not guilty. The "plight" you experienced after crashing into the bank is unfortunate, but not atypical.

 

[indy116]

Could the officer have thought he was doing you a favor by not giving you the ticket for striking the building, and instead giving you the disorderly conduct ticket? Maybe he knows that it will be easily dismissed, especially with him on the record saying you were polite?

 

[dfagdfsh]

for someone who is so rich/well educated dude, you should know to wait to talk to your lawyer and do exactly what he tells you. going to the police station yourself on monday is marsupialed

 

[HEWSINATOR]

Originally Posted by lawyerdad

You mean discovery, I think.

Maybe, I mean whatever it is that you guys call disclosure. It will be a copy of the summons to appear, the officer's field notes, notes he wrote at the station, etc...

 

[lpresq]

It seems you should avoid bars located close to banks.....trust me, the bank will always win.

 

[KBW]

Originally Posted by Teger

for someone who is so rich/well educated dude, you should know to wait to talk to your lawyer and do exactly what he tells you. going to the police station yourself on monday is marsupialed

I'm not "so rich"...I'm not struggling either and my father is doing well but at this time I definitely wouldn't classify myself as "rich". I talked to my lawyer already. He told me to ask for a jury trial tomorrow and to politely ask the cop the reasoning for the PDOC (my lawyer told me he has to give me the reasoning). Also where I live they 100% have to produce any and all tapes of you while you are in the process of being arrested and in their custody. If I have to I'll get all of the videos and tbh I think that the cop will move to drop the charges if he gets wind that I'm going to show the videos in court. The officers wanted to give me a DUI. I think by them taking me away from the scene and the fact that they didn't give me the traffic ticket on site and that it was several hours later that they couldn't ticket me by that time for the wreck. I have to go to the police station tomorrow for my trial at 8am. I don't have a choice with that. We are supposedly the top city in the state in dui given out per capita. They are very serious about drunk driving and they thought they had me for that.

To the guy asking me how I managed to hit the bank...there is no curb or sidewalk on that side of the road where the road ends the bank begins. The road was covered in water and I drive a fast car...i hit the gas too hard and fish tailed and hit the bank before I could correct.

I don't have to plea tomorrow I'm asking for a jury trial and they'll give me the date for that which will not be tomorrow.

 

[the.chikor]

Again, what charge does your citation state on it? 647 (f)PC . Assuming it was, what was your BAC-blood alcohol concentration? Alcohol generally takes one hour to absorb, but also burns off at a rate of 1 drink per hour. So, if you had 3 drinks 4 hours prior-your BAC would have been 0.0%- at the time of incident-which should exculpate you. By the way-yes they can legally impound your vehicle, whether you had permission to park it in a lot or not- section 14602.6 VC-it sucks, but you have no suit for that unless you can show they had no PC for the arrest. Even if you did sue under USC section 1983, it you don't appear to have much in damages-which means good luck finding an attorney to take the case for 1983 purposes. If you look at 647 (f), usually we think of a person under the influence who is unable to care for his or her own safety or the safety of others, but keep reading the statue. It then says "or" if a person is under the influence of alcohol/drugs/combo and intereferes with or obstructs or prevents the free use of any street, sidewalk, or other public way. So, if you car was blocking the sidewalk and your EPAS/PAS results (BAC) shows that you had alcohol in your system at the time-you may possibly be fucked, b/c it has nothing to do with how nice you were or weather you obstructed the officer in the line of his duty-as opposed to a 148 PC charge. This presumes that 647(f) is at issue-which is why I beg the question-what code section were you charged with violating? By the way-today is Sunday-did the jail set bail? And then you said that the Judge recorded the hearing-on a Sunday or Saturday? What county are you in-I know it isn't LA, Riverside or San Bernardino-in those counties you wait in jail unless the jail sets bail-and you can post bond. Were you formally read the charges in the complaint? Did you have to enter a plea (Not Guilty)? Or was bail just set at the hearing? You see this isn't making sense-once you enter your plea-you will be asked if you can afford an attorney, if not, you should have to show proof, then a public defender will be assigned. Initial discovery is turned over at arraignment when you enter the plea-any further discovery your attorney will make a formal or informal request for. Your attorney will also SDT the recorded hearing-whatever it was-but the court may deny to turn that over-some counties do-which means your attorney has to take up a writ. A trial / readiness conference is set usually about 10 days prior to the last day for trial-45 days from the date of your offense in your case. AT readiness conference is when you the judge sends you out to a trial department-where you and the DA can waive jury trial if you want and do a bench trial or the judge will call a panel and start voir dire for the jury selection process.-The police-yes, they are assholes in jail who don't give a **** about you, me or the other hundreds of people that come through there everyday-it's there way of keep sanity, not getting attached to people and feeling sympathy or it maybe because they are just plain Mo Fos with inferiority complexes who are mad at the world and taking it out on you. Either way-you survived-now listen to the attorney that you have representing you, not jail house lawyers.

 

[KBW]

chikor my car was blocking nothing it was correctly in the lines of an empty parking lot I had permission to park in. I passed my BAC breath test so I was not legally intoxicated. I don't want to have any law suit and will not pursue one. I am in the real south (see the person in my avatar picture) not southern california I'm in South Carolina (before someone says something about South Carolina...Charleston was the premier city in the US for many years). I was arrested Sat in the very early morning...bail bond hearing was at 2pm Saturday afternoon (I was in detained ~12 hours). I did not have to plea I was just allowed to sign off on public recognizance bond and allowed to leave.

I spoke to my lawyer and am only doing what he told me to do. Other than what he instructed me to say I do not have to say anything tomorrow. My trial is at 8 and I'm meeting with him later tomorrow.

The only letters on my citation other than my name and the officer's name (of course the time and date is on it) are PDOC. There is no reason on my citation or other information.