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I had a similar experience in high school man. There is plenty you can do.
Stand up and protest it. When you go to your court date, ask for a jury trial. You'll be given another court date ~2 months down the road. Most of the time, if the offense is minor, they drop the case altogether because of time and money it takes to organize jury trials. Once the jury trial comes about, show up and say you need a public defender. Once again, they'll put it off and reschedule to find you a solicitor. Most likely, they'll drop the case. If not, lets talk defense. Even if you want to go ahead and present your case to the judge on the first court date, you'll want to call these things out. 1) No badge was presented prior to being forced into a frisk. (This is important as you have no reason to obey somebody in civilian clothes.) 2) Argue the incident itself and call for dash-cam evidence of the violation. If you know you truely did not do anything most people would call wrong, this will usually scare the officers enough to drop it or show the judge your conviction to your cause. 3) Have your friends come with you to court. They are witnesses as far as the court is concerned. Have them back your story. Make damn sure you all tell the same story in court. Honestly, my guess is your dad will probably bust some major heads. I guarentee you he knows the district and county judges involved and the case will be dropped. Its up to you whether or not you want to pursue those two asshats for suspension or worse. Good luck bro. |
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Gill has some sound advice there.
I hate pigs, some are cool, but pricks like this deserve what they have coming for them. When you find out who they are, be sure to fill out RateMyCop.com Dont let them push you over now, they have nothing on you. Then again, they probably blow the judges anyway cause a cop could say you threw a car 50ft and the judge would still take his side. |
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Watch "Do the Right Thing" and take justice into your own hands
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Every time you hit him with a shot it's got to feel like he tried kissing the express train. Yeah, let’s start buildin some hurtin bombs. |
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I agree with most of Gill's suggestions. I agree you should fight it if you are ABSOLUTELY CERTAIN you have done nothing wrong. But I have a few more questions:
1. When you were "pulled over" did the jeep have lights flashing? A siren? Markings of any type that may have ID'ed it as a police vehicle? 2. Did the officers have shirts on the ID'd them as officers? Vests? Necklace badges? Belt Badge holder? A ball cap? Anything at all that would ID them as L.E.O's? I will be the first person to say, unless A***ole on your license, there is no need for an L.E.O. to be disrespectful to you. I have had it happen and when I went to court, a Sergeant had to pay for my little time in the "Puzzle Palace". I use the term Puzzle Palace because you never know how things will turn out in court. I am sure your father will guide you through things. Always be polite and respectful no matter what is said in the court room. You and your friend have to be comfortable w/ your version of events and be able to tell it w/out being upset about it. If the cops cursed you, let the court know that bad language was used BEFORE you start to testify. It may sound strange but if you can show that Cop A and Cop B were over-the-line, you have just created a problem for them w/ the judges. Their word is less credible after situations like mine and hopefully, like yours.
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Papasmurf: "there are no miracle supplements, fix your diet" http://www.bodybuildingforyou.com/forums/showthread.php?t=39994 |
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Quote:
1) the cop will say he showed a badge. BlackWinterDay will say he didnt. so will his "witness" (read #3 for why i quote the word witness). the judge will always believe the officer unless there is very compelling evidence not to (like a video proving he didnt) 2) not all police vehicals have dash cams and even if there was one in this car the officer may or may not be required to turn it on and most will only turn it on after you are stopped and before they approach the car. if his dash cam was on i find it highly unlikely that they would pull anyone over without just cause so if you are certain you did nothing wrong i would guess it wasnt on. 3) yes, the friend is a witness but the judge will know it is a friend and will say anything to back up his friend. he may very well be telling the truth but most judges will not deem him very credible just because he is a friend. if he has a witness who watched that he has never seen before and can get him in court to testify (highly unlikely) then that's different. Gill im not knocking your advice. again it is very sound advice, just pointing out why it probably wont make a difference. as far as getting them suspended, there is no way, without video evidence of them doing something completely egregious, they are going to be suspended. even if they were calling him a fvcking retard or whatever. that is not going to get them suspended. also my lawyer friends said they are not going to drop it completely if he asks for a jury trial. if that were the case everyone with minor traffic violations would ask for a trial to get it dropped. it just doesnt happen. they may try to offer a deal but they wont drop it. if they offer you a deal and you go to trial and lose you can expect the maximum penalty. BlackWinterDay if you are dead set on fighting this you will need a lawyer to stand any chance. your father being a judge very well can help especially if he has connections in the town you were pulled over. however if he cant get the tickets thrown out i would get a lawyer and let him talk to the prosecutor. the prosecutor matters more than the judge actually. he is the one who will decide to make a deal and settle with probably nothing more than a small fine and no points. (yes, the judge has to approve but will almost 100% of the time) i know you feel you did nothing wrong and shouldnt even pay a small fine and probably want to fight it tooth and nail but just make sure it is worth it if you lose. its not like you are looking at a few years in jail. basically, pick your battle carefully and make sure it is worth fighting. the judge and prosecutor are going to believe the cops unless you can bring some highly compelling evidence to show they are lying. one thing you could try is see if there are any similar complaints filed against these cops. if there is a number of them then the judge may doubt their story and you'd have a chance at getting it thrown out. again a good lawyer will do all this. a real lawyer (not a public defender, they are public defenders for a reason) good luck to ya bro.
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"He is not human. He's like a piece of iron." Last edited by MindFreak; 03-21-2008 at 02:48 PM. |
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I think you missed the point of my post. He can fight this entire battle almost completely on the governments bill. This is something they would rather not happen. As well, it will not be a simple case of trusting the cop over trusting the defendant if a jury is involved.
Yes, its an abuse of the system, but when the system screws you, screw it back. |
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Quote:
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"He is not human. He's like a piece of iron." |
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They did mine
I was caught in a friend's car that had drug paraphernalia in it during highschool. I had no drugs in my system and was completely naive to the contents of the vehicle. The charges were only minor possessions w/ paraphernalia but the cop cuffed me and booked me all-the-same. I had to go to court. Since I was an aspiring lawyer/doctor (didn't know which way to go yet), I couldn't risk having this on my record. I called for a jury trial on the basis that it was not my car. They postponed the case pending jury trial. A few weeks later I received notification that the state had dropped the case. As well, I worked as a solicitor's assistant every summer during highschool and two summer during college. I've seen this stuff work over and over. |
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that's great bro. in your case yeah it was better for them to drop it cause all you did was sit in someone's car. most cases i believe they wont drop simply because you request a jury trial. if you can find data to the contrary i will stand corrected but (admittedly) without doing any research i am willing to bet that most cases are not dropped because the defendent request a jury trial. if they are willing to cut him a deal where he just pays a small fine and no points i think it would be in his best interest to take the deal. i will also say that most good lawyers will tell him the same thing.
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"He is not human. He's like a piece of iron." |