Arrested & Charged, need advice

[Keith and stuff]

It sounds like you were charged not because you broke any written law but the law of being not very nice to a cop. The cop may have come to the party to arrest someone. Because you continuously talked back to him, he arrested you. Will a cop try to frame you for drugs. Doubtful, but if you really upset one of those cops, you never know. If you had a lawyer, you could likely get off. Without a lawyer, it's the luck of the draw. However, if you talk to the judge like how you talked with that cop, you will likely be found guilty. Judges typically think they are even more above the common person than cops do.

My guess is a prosecutor will try to get you to plea bargain to something tiny or if you show up dressed very nice and act very nice, maybe it will be placed on file or thrown out.

 

[phill4paul]

Law abiding people are not supposed to be afraid of cops.

You sound like you and 'azxd' have much in common. A whole lotta 'pre-supposition' going on. It ain't about being afraid. It's about knowing what is really going on.

To the OP. Again. GET a lawyer. It sucks. Yes, it does. But such a small charge becoming record can affect you in sooooo many ways. Rentals apartments, loans, jobs..............

 

[talkingpointes]

Listen to your friend, or listen to the people in this thread and pay 300$ to talk to a lawyer for a whopping hour just to have him tell you the same thing. The cop is a dumbass, had a bad night and wanted to be a dick and wrote you a bullshit ticket. Your a first time offender with good ties to the community. This is nothing.

 

[ivflight]

Concerning some other comments:

I have the money to wield an expensive lawyer if needed, but I'll only do it if I can get some results - I won't waste it. If I can damage the state financially for acting like idiots, then that's great. If I can blow some of my own money in order to change case law for everyone, that's fine too. The biggest problem here is that you can't trust a lawyer to tell you what he or she can do for you, which is why I'm asking here and elsewhere.

I got this far in your story. Bummer man. I think this was the point when you messed up.

You and I approach life a little differently, I guess. I know not to push cops, but this was a weird situation. I was in a spot where a cop was telling me to go somewhere, but also holding onto my property at the same time. Suppose he were holding onto my wristwatch instead of my beer? This seems a lot like a 4th amendment violation - I was being told to move, but I couldn't move without having my property seized, and giving me <30s to reconcile the problem basically allowed them to force an arrest on me. I never refused to leave, and I said probably 3 times that I intended to leave very shortly.

 

[fisharmor]

Your a first time offender with good ties to the community. This is nothing.

HE IS NOT AN OFFENDER

 

[JebSanderson]

Can a cop force you to leave private property even if the owner does not kick you off it?

 

[phill4paul]

Listen to your friend, or listen to the people in this thread and pay 300$ to talk to a lawyer for a whopping hour just to have him tell you the same thing. The cop is a dumbass, had a bad night and wanted to be a dick and wrote you a bullshit ticket. Your a first time offender with good ties to the community. This is nothing.

It could. It may not. 'Contempt of cop' goes as far as they want to carry it. This guy is clean. He wants to keep it that way.

Seek a professional and get this BEHIND you.

 

[BlackTerrel]

You sound like you and 'azxd' have much in common. A whole lotta 'pre-supposition' going on. It ain't about being afraid. It's about knowing what is really going on.

I think you misunderstood me.

I have written this before: the actions of police in our society have made it so that law abiding citizens are indeed afraid of cops. Every time I pass a cop I feel fear I check that I am going under 55, I am not on a cell phone, I am not engaged in any behavior that is considered threatening. It's because I have heard too many stories of people getting fucked up by cops who are doing nothing wrong.

We should be in a society where seeing cops makes us feel safe. But it is the exact opposite.

 

[phill4paul]

I think you misunderstood me.

I have written this before: the actions of police in our society have made it so that law abiding citizens are indeed afraid of cops. Every time I pass a cop I feel fear I check that I am going under 55, I am not on a cell phone, I am not engaged in any behavior that is considered threatening. It's because I have heard too many stories of people getting fucked up by cops who are doing nothing wrong.

We should be in a society where seeing cops makes us feel safe. But it is the exact opposite.

I'm sorry. Myself and others have been trying to point out that there is no such thing as a 'law-abiding citizen.' There's not.

You live in a world of dichotomy. That is what causes your cognitive dissonance.

 

[RickyJ]

Most cops are dumb, very dumb. If they ask you to do something and you don't do it right away they start to get very irritated thinking you are not giving them the respect they think they deserve. When dealing with dumb people with guns and the authority to use them and arrest you and most of the time get away with it even if you did nothing wrong, it is best to just act like you respect them and do what they say within reason, then they would feel like they are "men" and leave you alone.

I would get a lawyer, it probably isn't needed, but can't hurt.

 

[Indy Vidual]

Don't feed the vultures:
Go once without a lawyer and if it's not thrown out (right away) then ask for a continuance.

 

[cjm]

If "resisting" is a jailable offense, you will probably just go before a judge who will enter a plea of "not guilty" for you so that you can consult with a lawyer. You may not have to say a word. If it's just a fine, they may deal with it right then and there.

If the cops end up testifying (either tomorrow or down the road), do not be surprised if the testimony from the cops is significantly different from the story you just told us. I can't say it happens most of the time, but it happens enough to be worth mentioning. If your court appearance tomorrow starts looking ominous, ask for a continuance so that you can regroup with a lawyer.

 

[RickyJ]

Don't feed the vultures:
Go once without a lawyer and if it's not thrown out (right away) then ask for a continuance.

I don't think much of lawyers either, but since judges do, I would want a good lawyer in court unless it was just a traffic ticket. The legal system in this nation is pitiful and designed that way to make good for nothing lawyers a good living.

 

[Justinfrom1776]

Don't feed the vultures:
Go once without a lawyer and if it's not thrown out (right away) then ask for a continuance.

This, I'm not sure where you live in IL, but more than likely you won't see a judge. In situations like this, you'll be interviewed by a prosecutor and the judge will just act on their lousy recommendation. If the prosecutor isn't willing to act like a reasonable person and is unwilling to recommend the charge(s) be thrown out then and only then would I consult an attorney.

I had a situation where I was pulled over coming home from a local drug store.. It was late, I was just getting some meds for my cold. The cop was sure I was drunk, I told him I wasn't and I was willing to take a test to prove it. I passed his test and then he was convinced I was under the influence of narcotics, I told him I was only sick and tired and my contact lenses were causing redness in my eyes. He ran a couple more tests and then let me be on my way.. A couple of weeks later, I received a ticket in the mail for not wearing my contacts/glasses while driving.

When I went to court, I met with the prosecutor and told her the situation. I brought a pair of my contacts with my prescription labeled on them (-6.5). I explained to her how Impossible it would be to drive without my contact lenses. She was understanding and dismissed the ticket. I hope you have the same fate.

 

[phill4paul]

Well, since we have gone several pages of "it's nothing to worry about" let me reference the OP...

Here is the entertaining & scary part: I often use a small amount of styling product on my hair which is packaged in a jar large enough that it isn't reasonable to carry with anywhere. About a year ago I went to a wedding and wanted to look good and I learned that I could put a small amount in a small ziplock bag and keep it in my back pocket, that way I could reapply as needed. I've been carrying some on me like that ever since. Of course, the cops found this small bag of white cream product and my understanding is that it is being tested in a lab somewhere right now! After they found it they called in a third cop who arrived with a brown paper bag (like a lunch bag) full of bits of something. They dumped it out onto his hood and took out my bag to compare. This whole process has me freaked out because my item ended up in the cops pocket at two different times, then ended up next to this other stuff. What if they switched something, or residue from something else was transferred over?

This ain't no small part to the story.........

 

[Barrex]

Not my field but...
First let me say "good luck".
Second: Any decision you make is yours and not anyones elses and consequences are something you will have to deal with and not your lawyer or people on this forum.

If I can damage the state financially for acting like idiots, then that's great.

Possible. Not just state but also all police officers involved... maybe get something out of it...

If I can blow some of my own money in order to change case law for everyone, that's fine too.

Beyond highly unlikely.

Do you want risk having this in your (probably) permanent record?
How far are you ready to go with it?
Did you contacted witnesses? Are they willing to testify?
Do you have valid medical problem?
Did anyone see that officers mixed evidence?
Did you get reports from officers about arrests?
Did you get officers files? If you are lucky they might have history of doing this.
If not demand them and any other evidence prosecution got.


I would advise you get a lawyer if charges are not dropped. If you can afford it right now it I would suggest you do it.
If not:
Get your facts on paper so you can read them!
Never ever interrupt judge. If you do apologize immediately. Prosecutor you can interrupt (he is equal as you in courtroom-if you get there)
Be careful what you say.
Your goal is not convince judge it is to persuade prosecutor that you are too much trouble so that he drops charges? Am I right here?
Say that you have witnesses who saw everything (they are ready to testify.!?). Be dressed well. Impression means a lot. They will not watch you the same if they think that you are poor(cant afford a lawyer) or rich.
In general answer questions with questin like:
Did you obstruct bla bla bla.
I dont understand how bla bla bla....
Ask then to prove that there was an obstruction of a police officer. Tell that you dont understand what were you obstructing police officers from doing? You dont understand what lawful purpose police officers were doing and how were you obstructing them...
MOST IMPORTANT:
Say:You had no intentions to obstruct or resist them.

Again how far are you ready to go? Think twice!!!All the way?
Are you ready to sue for false arrest?
Do you want to press charges against police officer?
If yes then say if this goes on I will be forced to hire a lawyer and do all these things.

Let us know how it went.

 

[Kluge]

Move out of your state. Don't feed the beast.

 

[tttppp]

Realize this may be MUCH bigger than you currently think it is.

Yours and/or witness testimony means jack shit to the system. Without a lawyer the system will side with the officer. Most times. It is probably best if you ask around the bad side of town and find out which lawyer golf with the judge. Those knowledgeable in breaking the law with minimal circumstance are aware of these lawyers. Look around. Decide what you are willing to expend vs. what you are willing to bear. Good luck.

Based on my experience, judges value information coming from a lawyer far more than they do from the average person.

As far as your charges go, you can't be resisting arrest if you had no reason to be arrested in the first place.

 

[ivflight]

As far as your charges go, you can't be resisting arrest if you had no reason to be arrested in the first place.

It's dumb, but I think you're wrong there. There are laws in place intended to prevent violence that indicate that even if the arrest or order isn't lawful, you still have to follow it, then you can take legal action later. The idea is to make it so conflicts are settled in court, rather than on the spot.

 

[driller80545]

Get a lawyer!!!!!!