Arrested & Charged, need advice

[tttppp]

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.

I'm not a legal expert so I'll take your word. But the cops should have given them an ultimatum, leave or go to jail. How were they suppose to know what they were doing was resisting arrest or just not following their orders? The cops said to leave, he said he'll leave in a minute. The cops then arrested them without warning.

Just curious, if a cop orders you to murder someone and you don't, does that count as resisting arrest? If so that is a really dumb law, and is probably illegal.

 

[The Free Hornet]

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.

This is the time to blow some coin. Waste that money! Get a lawyer and don't concern yourself if they're the best. As long as they are active in that court circuit, you will have a voice. Otherwise, you just have whatever impression the judge has of you versus his impression of the officer.

Having the lawyer there lets them know you will fight back. More so, it will require the police to give more statements, not less. Your story suggested you have a lot of witnesses to back you up. The more the police state in court, the more they are the ones backed into a corner - not you.

When your lawyer says, "my client has witnesses to confirm these facts" it sounds much better than "my friends can back me up". The lawyer ought know what questions to ask the cop. Maybe he is not accustomed to hired lawyers questioning him. He isn't afraid of the likes of you and the judge will be a familiar face.

I am not a lawyer. Good luck.

 

[The Northbreather]

Lawyer up and don't forget to file a complaint against the officer AFTER you win your case. This will go on their permanent record and teach them to obey the law if want to get promoted.

He/she will likely lie on the stand if you anger him/her beforehand.

Shop around for your lawyer and only chose one with a good reputation.

Write down the complete details now while their fresh in your head.

 

[teacherone]

Well.... Hope you learned your lesson!

 

[Brian4Liberty]

It could. It may not. 'Contempt of cop' goes as far as they want to carry it.

That's about it. You failed the "attitude test", and they can make your life miserable just for fun.

 

[Pericles]

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

Core issue: It would appear the OP was not trespassing, and was not creating a disturbance, or he would have been the first person approached upon arrival of the police. So, it might be interesting if the officer has to explain why you were approached -thus what reason there was for you to comply with a police directive, other than hassle / intimidation.

 

[Pericles]

This is the time to blow some coin. Waste that money! Get a lawyer and don't concern yourself if they're the best. As long as they are active in that court circuit, you will have a voice. Otherwise, you just have whatever impression the judge has of you versus his impression of the officer.

Having the lawyer there lets them know you will fight back. More so, it will require the police to give more statements, not less. Your story suggested you have a lot of witnesses to back you up. The more the police state in court, the more they are the ones backed into a corner - not you.

When your lawyer says, "my client has witnesses to confirm these facts" it sounds much better than "my friends can back me up". The lawyer ought know what questions to ask the cop. Maybe he is not accustomed to hired lawyers questioning him. He isn't afraid of the likes of you and the judge will be a familiar face.

I am not a lawyer. Good luck.

Good advice.

 

[ivflight]

Hey guys, thanks for the all the responses.

NO CHARGES BEING FILED.

I didn't even get into the courtroom - the officer checking people in at the door told me I could leave (why couldn't they just call me so I didn't have to take time from work?). I spent the next 40 minutes walking around the courthouse arguing with various office people. It seems the people who are supposed to send my bond back still thought I should be in court, the state attorney's office thought I should be in court, but also told me that they weren't charging me (wtf?), and the bailiff sent me away twice. The courthouse didn't have a process/paperwork for this situation, even though it seems to happen dozens of times a day, everyday. I guess people are so happy not to be charged that they just walk away. Not me, I'd signed paperwork that said I would show up in court or lose a pile of cash, and have an arrest warrant on my head. I wasn't leaving without some paperwork that indicated that I actually did show up. After enough complaining I got a couple tiers up the supervisor ladder at the clerk's office and she hand-wrote a note, date-stamped, and signed my court order form, and made a photocopy of the "no-complaint" list that contained my name, the same list held by the bailiff. She said in 20 years of working there she's never heard of anyone asking for such a receipt.

I filed a FOIA request with my city to retrieve the police reports and all related info. I'm curious what is happening with my hair gel and plan to request to have it returned to me, along with my cup and beer.

I'll certainly file complaints and may schedule a meeting with the mayor, since this isn't my first bad experience with cops in my city (I've never had a good one). My understanding is that I can have all arrest files, fingerprints, photos, the works, expunged/destroyed after some period and cost.

 

[heavenlyboy34]

Hey guys, thanks for the all the responses.

NO CHARGES BEING FILED.

I didn't even get into the courtroom - the officer checking people in at the door told me I could leave (why couldn't they just call me so I didn't have to take time from work?). I spent the next 40 minutes walking around the courthouse arguing with various office people. It seems the people who are supposed to send my bond back still thought I should be in court, the state attorney's office thought I should be in court, but also told me that they weren't charging me (wtf?), and the bailiff sent me away twice. The courthouse didn't have a process/paperwork for this situation, even though it seems to happen dozens of times a day, everyday. I guess people are so happy not to be charged that they just walk away. Not me, I'd signed paperwork that said I would show up in court or lose a pile of cash, and have an arrest warrant on my head. I wasn't leaving without some paperwork that indicated that I actually did show up. After enough complaining I got a couple tiers up the supervisor ladder at the clerk's office and she hand-wrote a note, date-stamped, and signed my court order form, and made a photocopy of the "no-complaint" list that contained my name, the same list held by the bailiff. She said in 20 years of working there she's never heard of anyone asking for such a receipt.

I filed a FOIA request with my city to retrieve the police reports and all related info. I'm curious what is happening with my hair gel and plan to request to have it returned to me, along with my cup and beer.

I'll certainly file complaints and may schedule a meeting with the mayor, since this isn't my first bad experience with cops in my city (I've never had a good one). My understanding is that I can have all arrest files, fingerprints, photos, the works, expunged/destroyed after some period and cost.

+rep

 

[Barrex]

Hey guys, thanks for the all the responses.

NO CHARGES BEING FILED.

I didn't even get into the courtroom - the officer checking people in at the door told me I could leave (why couldn't they just call me so I didn't have to take time from work?). I spent the next 40 minutes walking around the courthouse arguing with various office people. It seems the people who are supposed to send my bond back still thought I should be in court, the state attorney's office thought I should be in court, but also told me that they weren't charging me (wtf?), and the bailiff sent me away twice. The courthouse didn't have a process/paperwork for this situation, even though it seems to happen dozens of times a day, everyday. I guess people are so happy not to be charged that they just walk away. Not me, I'd signed paperwork that said I would show up in court or lose a pile of cash, and have an arrest warrant on my head. I wasn't leaving without some paperwork that indicated that I actually did show up. After enough complaining I got a couple tiers up the supervisor ladder at the clerk's office and she hand-wrote a note, date-stamped, and signed my court order form, and made a photocopy of the "no-complaint" list that contained my name, the same list held by the bailiff. She said in 20 years of working there she's never heard of anyone asking for such a receipt.

I filed a FOIA request with my city to retrieve the police reports and all related info. I'm curious what is happening with my hair gel and plan to request to have it returned to me, along with my cup and beer.

I'll certainly file complaints and may schedule a meeting with the mayor, since this isn't my first bad experience with cops in my city (I've never had a good one). My understanding is that I can have all arrest files, fingerprints, photos, the works, expunged/destroyed after some period and cost.

Lucky you
Best case scenario.

If you want police officers personnel files (they history of complaints, recommendations etc.) you will have to ask specifically for them. This pisses them off and sometimes they fight not to give it to requester. There is a procedure involved in getting these. Part of it is notifying police officers that request was made... Makes them uncomfortable(Will I get sued? Did I piss off wrong guy?)....

Keep us updated.

 

[speciallyblend]

I would get a lawyer if I were you.

this is the only advice you need ^^^^^^^^^ all other advice is just guessing!

 

[speciallyblend]

Hey guys, thanks for the all the responses.

NO CHARGES BEING FILED.

I didn't even get into the courtroom - the officer checking people in at the door told me I could leave (why couldn't they just call me so I didn't have to take time from work?). I spent the next 40 minutes walking around the courthouse arguing with various office people. It seems the people who are supposed to send my bond back still thought I should be in court, the state attorney's office thought I should be in court, but also told me that they weren't charging me (wtf?), and the bailiff sent me away twice. The courthouse didn't have a process/paperwork for this situation, even though it seems to happen dozens of times a day, everyday. I guess people are so happy not to be charged that they just walk away. Not me, I'd signed paperwork that said I would show up in court or lose a pile of cash, and have an arrest warrant on my head. I wasn't leaving without some paperwork that indicated that I actually did show up. After enough complaining I got a couple tiers up the supervisor ladder at the clerk's office and she hand-wrote a note, date-stamped, and signed my court order form, and made a photocopy of the "no-complaint" list that contained my name, the same list held by the bailiff. She said in 20 years of working there she's never heard of anyone asking for such a receipt.

I filed a FOIA request with my city to retrieve the police reports and all related info. I'm curious what is happening with my hair gel and plan to request to have it returned to me, along with my cup and beer.

I'll certainly file complaints and may schedule a meeting with the mayor, since this isn't my first bad experience with cops in my city (I've never had a good one). My understanding is that I can have all arrest files, fingerprints, photos, the works, expunged/destroyed after some period and cost.

glad to hear it worked out but be careful. You will make their "list" and please be careful. If you keep pushing this. You could draw more attention to you and become a trouble maker making their list can have awful blowback! Just be very careful and make sure you have a lawyer to advise you on everything. It is you against them! police are basically paid terrorists!

 

[angelatc]

So only me thinks that you could have easily avoided this situation if you had just walked away the first time they asked you to leave? The only thing you are going to get is loss of money and time and a possible black mark on your record. The decks are stacked against us. There are definitely times when you need to stand up to authority, but this was not a situation where it was warranted.

Just my 2 cents and I know I'll get flamed for this.

And deservedly so. If we don't stand up when we aren't guilty, we're just never going to stand up.

 

[angelatc]

Hey guys, thanks for the all the responses.

NO CHARGES BEING FILED.

I didn't even get into the courtroom - the officer checking people in at the door told me I could leave (why couldn't they just call me so I didn't have to take time from work?). I spent the next 40 minutes walking around the courthouse arguing with various office people. It seems the people who are supposed to send my bond back still thought I should be in court, the state attorney's office thought I should be in court, but also told me that they weren't charging me (wtf?), and the bailiff sent me away twice. The courthouse didn't have a process/paperwork for this situation, even though it seems to happen dozens of times a day, everyday. I guess people are so happy not to be charged that they just walk away. Not me, I'd signed paperwork that said I would show up in court or lose a pile of cash, and have an arrest warrant on my head. I wasn't leaving without some paperwork that indicated that I actually did show up. After enough complaining I got a couple tiers up the supervisor ladder at the clerk's office and she hand-wrote a note, date-stamped, and signed my court order form, and made a photocopy of the "no-complaint" list that contained my name, the same list held by the bailiff. She said in 20 years of working there she's never heard of anyone asking for such a receipt.

I filed a FOIA request with my city to retrieve the police reports and all related info. I'm curious what is happening with my hair gel and plan to request to have it returned to me, along with my cup and beer.

I'll certainly file complaints and may schedule a meeting with the mayor, since this isn't my first bad experience with cops in my city (I've never had a good one). My understanding is that I can have all arrest files, fingerprints, photos, the works, expunged/destroyed after some period and cost.

Now you should call a lawyer and see if you can sue for false arrest.

 

[newbitech]

So I looked up the criminal code for your state. It's pretty common all over the country. First off, forget about the resisting part. What they are going to pin you on is obstruction. You did not resist since you were not under arrest. I am assuming that once you were cuffed, you didn't try to pull away or fight back.

Read this article. http://www.chicagocrimelawyer.com/2011/03/the-abuse-of-resisting-and-obs.html

Here is what you need to do the next time you are in court, whether or not you bring a lawyer. If you bring a lawyer, you need to make sure you DIRECT your lawyer on how to defend you. This is one thing lots of people who get lawyer don't get. DIRECTING the lawyer means doing your own homework, and not sitting back waiting for your lawyer to figure out what happened.

You need to bring up this very recent opinion (Jan, 2011) from the Illinois Appellate Court. http://www.state.il.us/court/opinions/AppellateCourt/2011/3rdDistrict/January/3100122.pdf

Basically, verbal arguments with a cop, like the one you described in the OP cannot be the basis for a resisting/obstruction charge.

Our court has construed section 31-1 as follows:"Given a reasonable and natural construction, [it] do[es] not
proscribe mere argument with a policeman about the validity of an
arrest or other police action, but proscribe only some physical act
which imposes an obstacle which may impede, hinder, interrupt,
prevent or delay the performance of the officer's duties, such as
going limp, forcefully resisting arrest or physically aiding a third
party to avoid arrest.

Basically, what you are doing is citing precedent. You are making the judge and the prosecutor aware that regardless of whether or not they are ABLE TO PROVE their case, ie, bring evidence that you are guilty of the charge, you will be appealing YOUR case on the above cited legal grounds.

In other words, let them know that your defense is that the verbal disagreement that you had with the officer does not give them a legal basis for the subsequent arrest and charge. Your action in no way impeded the officers from doing their job.

They have to prove that. If they can't you'll be appealing any verdict other than exonerated.

 

[osan]

Post now moot, given the outcome.

However, be careful on this crusade of yours. Cops are mostly evil pricks and unless you are intending to move away soon, which in any case would be smart as Ill-Annoy is one of those rotten-to-the-core states (always has been... must be the water I suspect), you're yanking the tiger's tail. I understand the whole principle thing, but at times discretion really is the better part of valor.

Be careful and congrats on the better outcome. I would expunge all record of the arrest and then drag the cops into small claims for the costs if the law allows for it, which it probably does not.

Good luck.

 

[Eagles' Wings]

Several months ago there was a discussion on RPF about police searches at highschools. This is an issue close to my heart so I talked with a lawyer about it. He was in his late 20's and was astute and knowledgable regarding constitutional law. He had been outspoken against the NDAA. Anyone know if the new generation of lawyers are more liberty minded?

 

[Bruno]

First of all, sorry to hear you got arrested. Definitely a bogus charge. Good advice already by many above. I hope you are found not guilty and get it taken off your record.

If you get a lawyer, consider taking the stand in your own defense. While many defense attorneys won't recommend it, I did in my case, after the two police officers lied repeatedly about details that would benefit them.

Cop(s), under oath: "He was wearing a loose coat, and pants with many pockets that could conceal a weapon. I decided a "safety search" was warranted."

Me: "It was the middle of July, 85 degrees outside, and I was wearing a t-shirt and a normal pair of shorts."

Cop(s): "He didn't run for the door, so we assumed he consented to the search."

Me: "I repeatedly said I did not consent to a search. It is absurd to think I could have ran for the door without putting my life at further risk when the door is 100 feet away and I am surrounded by police officers."

Cop: "He said, "it's a pipe, it's what I use to smoke my marijuana with."

Me: "That's a ridiculous statement. Who would say that to a police officer? I said, 'It's none of your business.'"

The judge ended up believing I was more credible than the two police officers who were obviously lying.

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

If "messed up" = "doing whatever an overzealous, powerhungry, above the law cop says to not get arrested instead of sticking up for yourself", then yes.

 

[azxd]

Hey guys, thanks for the all the responses.

NO CHARGES BEING FILED.

I didn't even get into the courtroom - the officer checking people in at the door told me I could leave (why couldn't they just call me so I didn't have to take time from work?). I spent the next 40 minutes walking around the courthouse arguing with various office people. It seems the people who are supposed to send my bond back still thought I should be in court, the state attorney's office thought I should be in court, but also told me that they weren't charging me (wtf?), and the bailiff sent me away twice. The courthouse didn't have a process/paperwork for this situation, even though it seems to happen dozens of times a day, everyday. I guess people are so happy not to be charged that they just walk away. Not me, I'd signed paperwork that said I would show up in court or lose a pile of cash, and have an arrest warrant on my head. I wasn't leaving without some paperwork that indicated that I actually did show up. After enough complaining I got a couple tiers up the supervisor ladder at the clerk's office and she hand-wrote a note, date-stamped, and signed my court order form, and made a photocopy of the "no-complaint" list that contained my name, the same list held by the bailiff. She said in 20 years of working there she's never heard of anyone asking for such a receipt.

I filed a FOIA request with my city to retrieve the police reports and all related info. I'm curious what is happening with my hair gel and plan to request to have it returned to me, along with my cup and beer.

I'll certainly file complaints and may schedule a meeting with the mayor, since this isn't my first bad experience with cops in my city (I've never had a good one). My understanding is that I can have all arrest files, fingerprints, photos, the works, expunged/destroyed after some period and cost.

Glad to hear this ... But next time DO NOT post your version of what happened on the Internet.

Develop such a thing as a fictitious scenario, and let someone else make the posting.
Such things have happened in the past, and the information has been used against the individual who is charged.

Also,
Put a lawyer on retainer (just in case), keep your mouth shut, and don't be confrontational just to be confrontational.
Your lawyer would have already explained this to you

I'd have said OK ... And went inside the house until they left.

 

[Sam I am]

From the sound of it, you probably want to hire a lawyer. If you don't you're setting yourself up to lose in court.