First things first, you need to figure out what you're being charged with, what type of crime it is, and what the maximum penalty is. If they just took you to the station, wrote you a ticket, and let you go then it's most likely a misdemeanor. Certainly not the end of the world, and something you probably don't have to get a lawyer for. Do a little research and if this is the case, just show up in court on your date, dressed appropriately of course, and apologize for what happened, etc. Just what everyone else said. Chances are very good that the judge is gonna let you off with a fine and some community service. Been there, done that.

But if for some reason this is maybe a Class A misdemeanor or even a felony charge you need to get a lawyer ASAP. If you don't, you're gonna get bent over in a bad, bad way. Once again, been there, done that.

Best of luck to you man. And be careful out there, not all cops are good cops - as I'm sure you found out the hard way.

 

The conversation between you and the officer was consent. You didn't "have" to answer any of his questions since you were technically not under custodial or non-custodial arrest. This part of the scenario is legit, I don't see any problems here.

This part of the story is also still legit. I think it's a common misconception that officers must read the accused their rights immediatly upon arrest.

Based upon the discription here, this is where I would find some trouble. It "sounds" like what you are saying is he rough housed you for such a minor infraction. It's hard to describe things on the Internet, however, you should not have been thrown around, especially for such a minor crime.


I do not know how the law is written in your state, however, if it is your first offense, (and it's not a felony there) than this statement is BS.

 

If there is an audio tape, or video tape I would plead guilty with punishment based on the tapes. This would allow the judge to know what went on and see that you were probley treated poorly. That is assuming that there is something to back you up on this.

 

sorry to tell everyone this but confessing is about the stupidust thing you could do. Now if Andy Griffin is judge and deputy fife was arresting officer you might have a chance. be if you confess you will be charged, thats the law. if you did something but not what the officer says , you are innocent of the charge. this is your perminent record and could affect the rest of your life. I f you volunteer to be a cubscout leader or a teacher or anything that requires background check this could follow you.

get a good lawyer, the right thing to do it to be fairly represented which the law allows you to be, you are a minnow in a shark pit and asking forgiveness is not getting you a pass card.

you really need advice from your parents, an aunt or uncle and you need to consult a lawyer, this is for keeps and you dont want to make a mistake that can cost you forever. better to be over informed and over prepared for this.

i have to ask, are you stating the above because this is what you think? or is it how you wish it is the way the world was? or because you have first hand experience that this is the way the court works? I think it is terrible advice. there is a time and place for dropping this kind of apology; messing around on a spouse, steeling from work, saying mean things to a good friend or realative or doing an unethical thing, but in a court of law were an offense has happened involving a police officer, bad move.

 

well i talked to my parents earlier and my dad said that what i should do is to go to my court date and say that yes it was a mistake and if i can get off with just a fine and no record of it on my permant record, pay the money and walk away. If they convict me and it turns out that it will be on my record, then i could ask for a later court date so that i can consult a lawyer. So i guess thats what ill end up doing...

 

Come on, tell the truth.

You decided to be your buddies legal counsel at the scene and was questioning the officer's actions, when they decided to turn their attention to you.

I've seen this hundreds of times. Cop arrests party A, then his buddies (usually several) start talking trash to the officer's and they all go to jail.

I apologize if this is inaccurate, but I don't think you have told us the WHOLE story. You were arrested for POPO (pissing off a police officer)

 

Vaughn, your correct up to a point. Yes i made the mistake of taking my buddies side when i should have just stayed in the bar and let it go, however your statement about pissing off the cop is entirely wrong. The whole time that this took (less than 30 seconds) i was calm and merely stating to the officer that we hadn't been drinking downtown (which i hadnt my buddy had and i didnt realize that he had gotten a beer from someone who was over 21). The officer gave me one warning by saying "I think we can handle this we dont need your help" I again commented that we hadnt been drinking down town and thats when he cuffed me.
Oh well ill figure out what to do this coming week.

 

Not giving you a hard time, but read that last post :

The officer gave me one warning by saying "I think we can handle this we dont need your help" I again commented that we hadnt been drinking down town and thats when he cuffed me.


It is not always that YOU are irrational or rude with the cop to be arrested for POPO, sometimes all it takes is to question his/her actions. Many cops have huge egos that are very fragile. It's usually best to steer clear of them.


Anyway good luck I hope everything works out ok.

 

I've never been arrested but I've certainly seen my share of jackass cops. In my neighborhood guess who parks in front of the fire hydrants, bus stops and no parking zones? The cops do (in their personal cars not their cruisers) and then they stick their Police Department tag in the window and act as if that gives them the right to break the law whenever they please.

We're not talking about one cop here but systemic abuse of power.

The idea that it should be illegal to question a cops actions is preposterous. As long as you were not interfering with the officers ability to carry out their job then arresting you was nothing more than spite.

Sometimes the judge will realize this and throw the case right out. I've seen it happen several times where both sides told their story and the judge looked at the cop and informed him that if he lied in his court again he would be thrown in jail for contempt.

This is not to disparage all cops. The vast majority are honest, hardworking and generally very cool people. The problem is that there are some spectacular jackasses in every department and they have truly ruined public opinion of many officers.

I sincerely wish the NYPD would do a serious house cleaning and get rid of the bad cops. I would like to be able to meet an officer on the street and know that I can respect them instead of having to think about it.

-Don

 

HIRE A LAWYER!


The lawyer will in turn try to plea bargain with the DA. This will result in a minor fine with nothing on your record!


All this and you won't even have to go to court.

 

Burt is exactly right, have a lawyer with you and throw yourself on the mercy of the court.

 

problem is how or who defines "interfer". ever been working on something and someone ask you a simple question and you bark back "i'm busy, ask me latter". then they ask again and you bark a little louder "i said i'm busy". i would think it is not a good idea to have a conversation with an officer arresting someone, he could loose consentration allowing someone to take ihis gun or mess up the process allowing someonr to weasel out of the charge because procedure is not followed.

 

Sirket,

I agree with BROTHERDAVE, even to question an offices action in his/her line of duty (arresting someone is in their line of duty) is interfering with an officer carrying out their line of duty.

The time to question an officer’s action is in a courtroom and last time I heard there is nothing illegal about that. However it is not a persons right to question an officer’s action while they are carrying them out, to do so could hinder their actions…

Or to phrase that another way, sure you have the right to ask anything you want of a police officer while they are carrying out their duties and the officer has the right to silence you until they are done. If that is simply telling you to shut up then you had better follow that order or he/she may silence you by throwing the cuffs on and packing you in the back of a patrol car…

Nobody has the right to interfere with law enforcement. You do have the right to voice your opinion and vote and/or write your representatives about changing current laws that you do not agree with. You also have the right to take that officer or the whole law enforcement agency to court and pled your case before a judge, but you will never have a right to tell an office how they may conduct themselves if they are acting within the current laws...

Yes, they over rule you in the street every day of the week and yes they will always have more power then you or I every day of the week when they are on duty…

 

what happened

 

I went to school in a town similar to yours, but smaller. 12,000 in the town, 13,000 in the school. I worked 40 hr weeks all through college (I don't want a pitty party). I worked at a golf course...washing and parking golf carts, picking up and washing range *****, dumping the garbage, etc. I was the only SOB that had a truck, so when it came time for a tournament, guess who did all of the hauling? Yup, yours truly! I drove the golf course manager (62 yrs old) to the Rebel Barn...TOWING 12 GOLF CARTS...and got the beer for a three day tournament. <sidebar>Mississippi boys can drink a *****load of beer. I had...count them...atleast 150 cases of Bud Light in the bed of my truck. Keep in mind, this is on a Wednesday afternoon at roughly 3:30. On our way back to the golfcourse we go through a road block. THE SOB'S TICKET ME FOR MIP. Granted, I didn't get arrested, but the University of Mississippi paid for the beer on a University credit card, with this old ***** mans ID, I was just hauling it. Like I said, I didn't get arrested, but got a ticket.

Old ***** man wouldn't go to court with me.
The University would not go to speak on my behalf.
The University wouldn't even send a letter, place a phone call, NOTHIN!
The place where we bought the beer wouldn't vouch for me.

THE G-D JUDGE PLAYED IN THE TOURNAMENT AND HAD TO GET MY BUDDY, WHO ALSO WORKED FOR THE COURSE, TO DRIVE HIM HOME!!!

I didn't think I needed representation and went by myself, suit and all, and had to pay a fine AND do community service.






G E T....A....L A W Y E R........P A Y....H I M....D O U B L E ! ! ! !