Arrested & Charged, need advice

ivflight

Member
Joined
Nov 29, 2009
Messages
389
Hey everyone,

I'd like to share a story and perhaps get a bit of advice.

Last night I was invited to a shindig a few blocks from my home. It was a college-ish party but nothing crazy - mostly just a big crowd eating, drinking, and talking. I'm a little old for this kind of thing but a friend of mine from overseas invited me and he'll be leaving the country soon so I went along to spend some time with him.

Around 1am a couple police officers showed up outside and appeared to be asking questions of the homeowner (I was well out of earshot). I suspect a noise complaint, but given the volume of the party I would find that really unusual. People started leaving and I, too, was planning on heading out shortly.

I was standing outside, on the property, drinking a beer and talking to two friends when an officer, from 10ft away or so, started shining flashlights at people's faces. I naturally put my hand up to block the light and kept talking to my friends. This officer walked up to me and said I had to leave. I said I planned to leave shortly but couldn't leave the property with open alcohol in my hand. He said I could just leave it and go and again I said I planned to leave shortly, I was just finishing my beer. At this point a second officer walked up behind me and grabbed the top of my cup. I did not let go, and neither of us played tug-a-war or anything like that, we were just strangely both holding onto the cup. I immediately said that I didn't consent to any search or seizure or my property. The cops asked me if I wanted to go to jail and I said, "no, of course not". Again, they said I had to leave and I said that I was at a private residence and asked if I was commiting a crime. One cop said, "yeah, resisting". They told me again to leave and I said again that I intended to leave very shortly (the cop was still holding onto my cup). At the moment I finished uttering that sentence the cop took the same arm that I was holding onto the beer with and put it behind my back (spilling the beer) and slapped cuffs on. The entire verbal exchange was 30 seconds or so to the point that I was arrested - very fast. One or two friends can confirm the above. It seems clear to me that they were making an example of me, and didn't like that I might question them for even a second. At the time they were telling me to leave (and only me) there were dozens of other people still on the property.

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?

During the arrest, search, relocation, and processing at the county jail, I must have said the following phrases about 50-60 times each: "I don't consent to a search", "I don't wish to issue a statement right now". The only bit of info they got from me was what they could gather from the driver's license that they took from my back pocket. I also made requests to fill out a medical request form at the jail, about 30 times over ~1.5hrs, and was always denied. There were actually posters on the walls there to inform prisoners that they could make such a request, and even the supervisor wouldn't give me one.

I posted bail and got out about 2 hours after the initial arrest.

Anyways, this is my first time being arrested and I have a hearing set for 1:30pm Monday. My bail form says the charges are "RESISTING/OBSTRUCTING PEACE OFFICER". I don't expect for there to be any drug charges, unless these guys are really corrupt. I'm a very calm and articulate person and feel that I can explain myself well to the judge. The only thing on my record, ever, is a speeding ticket. I'm a homeowner, business owner, college grad, eagle scout, and have lived and had good standing in the community for 10 years. I really don't have a clue what I'm supposed to be doing legally though, and I'm seeking out any advice I can get. Is this something where I need a lawyer? I live in IL, btw.

Thanks!
 
Sounds like you did everything exactly the way you should. You got a bullshit charge probably because of it. I would wait till you go to court plea not guilty and say everything in your last paragraph, and then cross-examine the officer asking him a 100 questions. Keep asking questions and trying to make him trip up, making him look incredulous to the judge, it just might be your ticket out of it. I don't think you have anything to fear, judges are people too.
 
Sounds like you did everything exactly the way you should. You got a bullshit charge probably because of it. I would wait till you go to court plea not guilty and say everything in your last paragraph, and then cross-examine the officer asking him a 100 questions. Keep asking questions and trying to make him trip up, making him look incredulous to the judge, it just might be your ticket out of it. I don't think you have anything to fear, judges are people too.

Thanks for reading my post and replying. I hope you won't find the following to be an indication that I don't appreciate your help, but I have to ask: what are you basing these comments on? Do you have experience with these cases?

Thanks!
 
Welcome to the 'JustUs' system. Your actual crime is 'Contempt of Cop.'

DO NOT seek free legal advise on an internet. Buy some. Pay as much as you can for it. That is your penance.
 
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. :)
 
Thanks for reading my post and replying. I hope you won't find the following to be an indication that I don't appreciate your help, but I have to ask: what are you basing these comments on? Do you have experience with these cases?

Thanks!

I have been to court more than a few times. The less you say the less they can use against you. Officers bank on you showing and doing a guilty plea.
 
Sad to hear it, but any time you don't immediately comply with a cop you can be charged with obstructing justice and resting arrest even if you haven't done anything else at all.

Since this is a criminal offense (I am guessing since you were arrested) then you should get an attorney. It really sucks to have to spend the money on one but I wouldn't try to defend myself in your situation.

Hopefully a good attorney can simply make the entire case go away since I doubt it is worth the courts time to bother with you, and if you are otherwise a citizen 'in good standing' I'm hoping they won't try to make an example of you.

Best of luck and next time if the cops show up just leave.

Oh, this reminds me of a time a friend of mine and I went to a basement party on Long Island, it was underneath a 'novelty shop' in a strip mall that sold various smoking accessories and such and there were a couple of bands and drinking and smoking and whatnot but nothing riotous or disturbing of the peace or anything. My buddy and I had gone next door to a bar to check out another band that was playing there, when we came out the cops had arrived in force and were arresting everyone at the party since there were people indulging in smoking non-tobacco products openly so everyone there was considered guilty. We walked out of the bar and watched while they pulled people out in handcuffs and loaded them into vans to take to jail. Had it been 1/2 hour earlier we would have been busted too.

I can't count the number of times I've gotten lucky like that, whatever misfortunes I've had being involved on the wrong end of the law has never been one of them. I think I get lucky because

cause_im_just_too_white_and_nerdy_tshirt-p235948236352998229zvid7_400.jpg
 
I would get a lawyer if I were you.

I think it is likely to be overkill but unless it is a hardship, I'd do this. If it IS a hardship I'd ask about a public defender and hope they say you aren't entitled to one because they are only available for charges where you can be held for more than six months (meaning yours isn't that kind, which I suspect.) It shouldn't be too expensive, I think they were just pissed at you. However, it is less likely to be a big deal, if you have an attorney who has done this before. And let them speak. I personally think you are in the right, but a specific judge might have a feeling about 'wise asses' or whatever. It isn't time to be a hero, just get it over with with your rights intact. And if something does go sideways having an attorney would be a good idea. Make sure you ask the attorney about hours expected and costs estimated if it is just that one hearing.
 
Last edited:
Before you get a lawyer as suggested. When and if you have time, go to the court and watch the judge try others. I think a lawyer is overkill. More than likely the cop had a bad day, although they seem to have a ton of those. Hell you might be able to talk to him before court even to try to negotiate. Now had they caught you with actual drugs I would then say get a lawyer. You fucked with the wrong cop new friend, and now you'll pay.
 
Last edited:
This officer walked up to me and said I had to leave. I said I planned to leave shortly but couldn't leave the property with open alcohol in my hand. He said I could just leave it and go and again I said I planned to leave shortly, I was just finishing my beer.

I got this far in your story. Bummer man. I think this was the point when you messed up.
 
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.
 
I don't have any advice to offer other than what's already been said but man that whole story is fucked up. That sucks. I think you've highlighted why citizens don't trust cops.

Law abiding people are not supposed to be afraid of cops.
 
If you had the money, you could file a false arrest civil suit and maybe turn this into a profit. There's no law authorizing what they did.
If you don't have the money, you should have kept your stupid peasant mouth shut and let the overlords wag their dicks wherever they wanted.
 
I appreciate the replies. I've been digging up info wherever I can. I was able to speak to a lawyer (family of friend) specializing in a different field, and it sounds like tomorrow's hearing will just be to see what is going to happen with the case (another person experience in this confirms this). He also said there's a decent chance they'll throw out the charges.

A friend of mine knows someone who used to be a state prosecutor elsewhere in the state (I also kinda know him, but not well enough to call for advice), and this person also said he thought it would get thrown out. This person is incredibly sharp and knowledgeable and I'll be surprised if he turns out the be wrong.

It doesn't seem like I'll need a lawyer tomorrow. If they proceed with charges then it seems like I should probably hire a lawyer.

Will let you know what happens.
 
Back
Top