legal questions...

[KBW]

Speaking with my lawyer in the morning but figured I'd ask here before hand. I was out with my fiancee and friends Friday evening when I was not paying attention and had to swerve around a car parked on the side of the road and wrecked into a bank. Officers smelled alcohol on my breath and I told them how many I'd had to drink (3 in 4-5 hours and I produced my tab). They cuffed me, questioned me for ~20 mins, put me in the back of two different police cars before driving me to take a breathalyzer. I was never once told why I was being cuffed or arrested or given the Miranda Warning before being questioned or arrested. After passing the tests the officer put me in the back of his car again and took me to the police station. When I asked him politely why I was still in handcuffs he would not answer and waited to give me my ticket until he had already placed me in a cell. I was ticketed for public disorderly conduct. In the morning when the judge had the bail hearings the officer told him I was very cooperative and polite which the judge taped. How do I get a public disorderly conduct if I pass all alcohol tests and was polite? Before the officers arrived I was in my car so I wasn't disorderly before they showed up.

Once I was in the jail they made me put on the orange jumpsuit and refused to allow me to have a phone call. My fiancee immediately went to the station and they would not allow her to post my bond and told her that I'd have to be there until the judge showed up the next afternoon at 2pm. I got in a wreck YET I was not ticketed for any traffic offenses. I do not understand this at all.

When I was released I went to the front and asked them about my vehicle and it was impounded. When I wrecked I moved my car into an adjacent parking lot owned by my father's friend and got permission to park there. My fiancee was the one that called in my wreck so we were in no way trying to get away. The lady working at the front desk would not give me an explanation of why my vehicle was impounded or why I have to pay $420 to get my keys back.

Any advice on what I should do?

also to add I did zero damage to the bank (thankfully as it opened less than a month ago and is beautiful)

 

[Joffrey]

Wow, terrible story. Sorry to hear about this.

 

[KBW]

Originally Posted by Jodum5

Wow, terrible story. Sorry to hear about this.
Thanks...I spoke to my lawyer on the phone a few minutes ago and we are having lunch tomorrow. The judge somehow allowed the officer to make my trial tomorrow morning at 8am so I have to go there and request a jury trial to extend it to another date. I'm going to meet my lawyer at lunch to go over some more stuff but he told me tonight he'd be surprised if he couldn't help me get it dropped before the trial so I'm crossing my fingers that will happen. To edit another thing about the night that upset me a good bit was that I was kept in a cell with blood drops on the floor with no bed, no seat, and a toilet that already had piss in it and would not flush. I also was given one of those tiny dixie cups as my only glass of water all night until breakfast. The lady working the area became extremely pissed and yelled at me when I asked for a phone call so I decided it was in my best interest not to ask her about anything else.

 

[JayJay]

Your experience is disturbing to hear. I hope things work out.

 

[dfagdfsh]

is your trial or your arraignment tomorrow

 

[the.chikor]

Originally Posted by Teger

is your trial or your arraignment tomorrow

It's got to be arraignment-in CA a Def has a right to arraignment in 48 court hours-so if he was arrested on Friday-he has until Monday, provided there is no court holiday. Trial for a misdemeanor-30 days in custody, 45 out of custody. My question is, what code section was he charged with? 647F?

 

[KBW]

Originally Posted by Teger

is your trial or your arraignment tomorrow
Yes the judge only trial is tomorrow but I'm going to request a jury trial to have it pushed back so I can work with my lawyer. Also I was picked up a little after 1 but not ticketed until 3:45 in the morning on Saturday and that is the time on my ticket. My lawyer could not believe that I was given a trial before any lawyers would be able to be spoken to as none of the ones around where I live work on the weekends but he is a very close family friend and spoke with me a while today while he was off. I'm just going to respectfully ask for a jury trial to allow time to check into it. I'm sure the judge will see my point but anyway he has no choice but to reward me with a jury trial at a later date. I have pictures of my cut-up wrists from the handcuffs that I asked to be adjusted but they refused, bloody clothes, blood splotched jail cell (not my blood and this one taken with my cell phone after they brought me my belongings), and 4 people to testify that I was in no way disorderly and that the officer who wrote my ticket arrived on scene ~45 minutes after I was initially cuffed. I also am going to request video to show that I was denied a phone call and the video of the arrest to show I was polite and in no way whatsoever any definition of the word disorderly. I can't afford to have this on my permanent record as I want to be involved in local politics in the future. This is a misdemeanor charge.

 

[Mr T]

How terrible. Orange is not really a winter color.

 

[HEWSINATOR]

Deleted all of my long post because I think what was posted below is much better way of saying it. There can not be a trial without a reasonable opportunity to obtain both disclosure and legal advice. Unless they do things very different in the PRC.

 

[dfagdfsh]

Originally Posted by KBW

Yes the judge only trial is tomorrow but I'm going to request a jury trial to have it pushed back so I can work with my lawyer.

Also I was picked up a little after 1 but not ticketed until 3:45 in the morning on Saturday and that is the time on my ticket. My lawyer could not believe that I was given a trial before any lawyers would be able to be spoken to as none of the ones around where I live work on the weekends but he is a very close family friend and spoke with me a while today while he was off.

I'm just going to respectfully ask for a jury trial to allow time to check into it. I'm sure the judge will see my point but anyway he has no choice but to reward me with a jury trial at a later date. I have pictures of my cut-up wrists from the handcuffs that I asked to be adjusted but they refused, bloody clothes, blood splotched jail cell (not my blood and this one taken with my cell phone after they brought me my belongings), and 4 people to testify that I was in no way disorderly and that the officer who wrote my ticket arrived on scene ~45 minutes after I was initially cuffed. I also am going to request video to show that I was denied a phone call and the video of the arrest to show I was polite and in no way whatsoever any definition of the word disorderly. I can't afford to have this on my permanent record as I want to be involved in local politics in the future.

This is a misdemeanor charge.

none of this makes any sense, even with my basic understanding of the legal system

 

[SWiFt08]

No clear explanation on why the officer gave you a disorderly conduct ?? is it not written on the ticket? also can't you just call to extend the court date rather than appear in court?

nonetheless I hope you get this dropped.

 

[Xericx]

I would sue the police officer and the police department.

 

[HEWSINATOR]

Disclosure will show the reasons for the charge. That is why you get it before trial.

 

[lawyerdad]

Originally Posted by HEWSINATOR

Disclosure will show the reasons for the charge. That is why you get it before trial.

You mean discovery, I think.

To the OP -- as others have observed, this doesn't make a lot of sense. Obviously, you should discuss your options with your lawyers.

On the facts you described you could potentially have a civil claim, but the standards are pretty high. Couple that with the hassle of a lawsuit and the fact that your damages are probably not that high, when making a decision.

Sorry to had to go through that.

 

[KBW]

Originally Posted by lawyerdad

You mean discovery, I think.

To the OP -- as others have observed, this doesn't make a lot of sense. Obviously, you should discuss your options with your lawyers.

On the facts you described you could potentially have a civil claim, but the standards are pretty high. Couple that with the hassle of a lawsuit and the fact that your damages are probably not that high, when making a decision.

Sorry to had to go through that.

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.