legal questions...

[Dakota rube]

chikor: see that key just to the right of the quotation marks?
see if your finger can reach it once in awhile.
thanks.

 

[Big A]

Disorderly is a catch all in SC. I can't recall the exact wording of the statute, but if a cop can't think of what to charge you with they usually default to disorderly conduct. It is the same in FL and NC.

Given the facts, your lawyer shouldn't have too much trouble with this one.

 

[dfagdfsh]

stop posting in this ******* thread. talk to your lawyer. you are probably misrepresenting the facts and much of what you say doesn't make sense.

talk to your lawyer
talk to your lawyer
talk to your lawyer
talk to your lawyer
talk to your lawyer

I dunno how I can be in clearer

 

[ld3]

Originally Posted by 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.

Caveat: 10 years in the NYPD.

Laws and criminal processes are highly localized across the country, that's why lawyers have to pass bars, so I'd take any information read on the internet with a grain of salt.

That being said, you were probably given a summons because, well, the police smelled alcohol on your breath, you told them you had been drinking, and you crashed your car into a building, risking the safety of yourself and others. Is a disorderly conduct ticket not appropriate?

If you are worried about a criminal record, your lawyer can ask for some sort of conditional discharge, which means that if you stay out of trouble for a certain amount of time, the record is expunged. I havent heard of a jurisdiction that doesnt have that.

 

[dfagdfsh]

are you saying less time talking to the police and more time shutting up and waiting to talk to a lawyer would have resulted in a better outcome?

 

[the.chikor]

Originally Posted by 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.

Oh yes, the South- I did live in the South for approx. 8 years-they do things differently. PDOC doesn't tell you the code section, hence it probably would be demurred out here-but back there, well, its different. I used to call it the "GOB" system-good old boy system-in you are one of the good old boys, you are good, if not, your have an uphill battle. Check what statute they charged you with-the reason being-it sounds like there is no way they prove probable cause on disorderly conduct, unless, like CA, it has some obscure nuance which you technically violated. They seem sure enough to prosecute, so it sounds as if you are looking at the wrong statute. Also, the police don't prosecute for cirminal offenses-they enforce laws-prosector will prosecute unless it is an infraction. Are you sure it isn't an infraction rather than a misdemeanor? Passing the BAC doesn't necessarily mean you are off the hook so to speak, the legal limit for DUI may be .08, but suppose you are .07 at the time-disorderly conduct doesn't usually require a numeric value, rather just that you were drinking (at least in CA.)-so they can still use results to prove that you were drinking. You are wise to do what your attorney says, also, another wise statement someone said was not to talk to the arresting officer-b/c anything you say to him, even now, is going to be used against you. So, don't talk to police is good advise. Your attorney will get the discovery (police reports, video tapes, audio tapes, witness statements by law enforcement, civilians, medical personal, etc.) for you. You were released O.R.-own recognizance-until your next court appearance. Word to the wise-do not be late, even one minute-or the judge can and probably will issue a warrant for your arrest and of course revoke your OR status. Once arrested, he doesn't have to set bail again. It sounds as if you have nothing to worry about, but, ask your attorney if he can show up and represent you. In CA, the attorney has to show up on the record to be appointed as counsel of record. You still should have to enter a plea for arraignment-which may be tomorrow, when they set trial dates. Your attorney knows the SC system far better than I, so listen to your attorney before me or anyone else. I hope it all turns out for you. Also, the police don't have to issue you Miranda Rights, but if you make any statements while in police custody that are considered to be fruits of police interrogation, then they maybe excluded. So, usually most police departments Mirandize you before they sit you down and talk to you. As a matter of policy, a lot of agencies Mirandize you when they arrest you so if you say anything in the car on the way to the police station, during booking/intake or at anytime, they can you have been mirandized. In CA, if the police are investigating a crime and asking a person questions, it isn't a miranda violation if it is for investigatory purposes and that person is not a suspect-even if you are in handcuffs in the back of the police are for an hour-blows me away, but that is current case law from our supreme court-so, SC may be similar, which may be why they didn't mirandize you. The hand cuffs-sounds like the cops were a bunch of assholes to you!!! Well, good luck to you.

 

[ld3]

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 hope, for the sake of brevity, that you are simplifying the story. You dont have to be read Miranda Rights (unless you are in custody and being questioned). And you don't really have the "right" to a phone call. And just because the D.A. office didnt press charges, doesnt mean probable cause didnt exist to arrest.

 

[the.chikor]

Originally Posted by Dakota rube

chikor: see that key just to the right of the quotation marks?
see if your finger can reach it once in awhile.
thanks.

Oh yeah-sorry guys for the diatribe.

 

[KBW]

Originally Posted by Teger

are you saying less time talking to the police and more time shutting up and waiting to talk to a lawyer would have resulted in a better outcome?

You are most assuredly an ass. If you can read and comprehend you will notice I spoke very little with the officer. I asked for advice not for comments like yours. I spoke to my lawyer for a while. He made a few calls and just texted me that he has good news and will talk to me tomorrow afternoon so I'm pretty sure it is getting dropped.

 

[dfagdfsh]

Originally Posted by KBW

You are most assuredly an ass. If you can read and comprehend you will notice I spoke very little with the officer. I asked for advice not for comments like yours. I spoke to my lawyer for a while. He made a few calls and just texted me that he has good news and will talk to me tomorrow afternoon so I'm pretty sure it is getting dropped.

nobody here can give you better advice then 'talk to your lawyer and relax and don't miss your court date'. i know it sucks to be arrested (I speak from experience) but if you keep a level head and trust a good lawyer you will be fine

 

[KBW]

Originally Posted by ld3

Caveat: 10 years in the NYPD.

Laws and criminal processes are highly localized across the country, that's why lawyers have to pass bars, so I'd take any information read on the internet with a grain of salt.

That being said, you were probably given a summons because, well, the police smelled alcohol on your breath, you told them you had been drinking, and you crashed your car into a building, risking the safety of yourself and others. Is a disorderly conduct ticket not appropriate?

If you are worried about a criminal record, your lawyer can ask for some sort of conditional discharge, which means that if you stay out of trouble for a certain amount of time, the record is expunged. I havent heard of a jurisdiction that doesnt have that.

It is legal to drive where I am if your BAC is below .08 which mine was so no I do not see a disorderly conduct appropriate.

 

[mdg137]

Originally Posted by ld3

Laws and criminal processes are highly localized across the country, that's why lawyers have to pass bars, so I'd take any information read on the internet with a grain of salt.

Exactly why I havent chimed in!

 

[ld3]

Originally Posted by KBW

It is legal to drive where I am if your BAC is below .08 which mine was so no I do not see a disorderly conduct appropriate.
Which is why you weren't arrested for a DUI. Either way, I think you've built this all up in your head to be something incredibly horrible. Just talk with your lawyer and ask him how you can get the charge expunged.

 

[Orsini]

Originally Posted by KBW

You are most assuredly an ass. If you can read and comprehend you will notice I spoke very little with the officer. I asked for advice not for comments like yours. I spoke to my lawyer for a while. He made a few calls and just texted me that he has good news and will talk to me tomorrow afternoon so I'm pretty sure it is getting dropped.
I like your response. Hopefully, this will work out OK for you. I expect I would have dismounted, looked for any spilled money or witnesses, and then driven away...

 

[jgold47]

Originally Posted by KBW

It is legal to drive where I am if your BAC is below .08 which mine was so no I do not see a disorderly conduct appropriate.

legal is pushing it. I thought you were legal to drive as long as you didnt get pulled over/accident while between .00-.08. If you kill someone @ .07 you dont get a pass. I cant remember what its called, but at least in michigan I believe if your stopped with a BAC, even under, for something else, its pretty bad.