On July 19 2011 15:13 Romantic wrote: You told the police you were getting high? Dude... never admit to anything. Deny, deny, deny; get a lawyer.
I got high at 1AM which was a solid hour after the incident (Incident occurred at 12). They can't say that since I was high, I may have done it..They can't pin me for smoking weed can they? I didn't think you could charge someone for something else why accusing them of something else.
I've looked on 2 different online dictionaries. Car hop either means a waitress who wait in a caravan park or trying to pick up chicks in a rice burner???
On July 19 2011 17:51 haduken wrote: So what exactly is the crime here?
I've looked on 2 different online dictionaries. Car hop either means a waitress who wait in a caravan park or trying to pick up chicks in a rice burner???
carhop is a term used to describe the action of breaking into cars (usually left open) and stealing the items in the car.
You didn't start this off very well - told the police everything! But now that you contacted a lawyer, you should be getting back on the right track. Stay positive and stay off weed at least until the case closes lol.
On July 19 2011 06:07 Cr4zyH0r5e wrote: Meh, no need to over-react. Whatever info they get from you, they cannot use unless they first read you your Miranda Rights, which are given at the time of arrest--you know, you have a right remain silent bla bla bla bla. Before that they have absolutely nothing on you; they're just speculating and hoping to pressure you to confess and then arrest you and have you confess after having informed you that everything you say can be used against you, at which time you plea the 5th and get a lawyer.
However, since you're innocent, you shouldn't have to worry about getting to that stage. Also LOL the girl is 97% sure that it's you? She saw the suspect for a few seconds(tops) at midnight, without ilumination, and she's sure she saw YOU? ROFLMAO. Also, what are the demographics of your city/neighborhood? How many asians were glasses? How many people wear/can wear white shorts, a blue shirt and tennis shoes? They're just fishing and tbqh it's pretty pathetic they're trying to push it any further.
Handle the situation seriously, of course, but no need to lose sleep over it. If you do get charged, make sure you counter-sue them immediately asking for the amount equivalent to the legal fees + your lawyer's compensation.
i'm sorry for intruding, but i just can't help thinking this man is in Peru because they tried using something he said against him.
Made me chuckle. Nah, it's actually National Pride. I'm in the U.S.
On July 19 2011 06:37 ShadowDrgn wrote: Please don't give out legal advice on the Internet.
It's hardly legal advice when he should know that stuff from civics class in highschool. The rest was common sense as to why the possibilities of it being him are remote enough for him to remain calm. Given he already talked to the police there's nothing he can do that does not involve Miranda. Whatever the police heard from him casually (not in custody), they have already heard.
He's free to do whatever he wants; I'm not the one paying for his lawyer. Also, as I understood, the point of the thread was for him to get feedback from people who wish to reply; he is smart enough to ignore the opinions that he deems unhelpful. =]
Yes, Civics class in high school prepares you to answer legal questions that people spend years of schooling trying to understand, and in that time manage to barely scratch the surface. Miranda rights are WILDLY more complicated than you're letting on, and your statement was patently false. Things you say to the police before Miranda warnings can be used against you in several situations. Leave the lawyering to the lawyers.
That said, OP I'm glad you contacted an attorney. He'll advise you of what to do. The only legal advice you should ever follow from the internet, though, is the advice to retain an attorney to handle your problem. There's a reason they can charge so much money. The law is hard. We study it for a long time. And when we're done, we still only sort of know what we're doing. But we're quite a lot more informed than Johnny I Watch Law & Order.
On July 19 2011 17:51 haduken wrote: So what exactly is the crime here?
I've looked on 2 different online dictionaries. Car hop either means a waitress who wait in a caravan park or trying to pick up chicks in a rice burner???
On July 19 2011 07:38 BlackJack wrote: You could volunteer for a polygraph. They're not admissible in court afaik
Sounds like a waste of time, maybe I'm missing something?
when you pass it can get the police off your back. They are sometimes taken by family members of missing persons so the police can remove them as suspects and focus on searching
On July 19 2011 15:13 Romantic wrote: You told the police you were getting high? Dude... never admit to anything. Deny, deny, deny; get a lawyer.
Seriously. What in the name of god is wrong with you?????
there is nothing wrong with him. Except he shouldnt even deny something.
When the police wants to talk to you and you got no lawyer with you dont say anything end of discussion. The video Darkforce posted on page one illustrates really good why you should keep your mouth shut the second part of the video is probably even better.
On July 19 2011 11:18 AyeH wrote: Hey guys. So I got myself a lawyer but I feel like when I talked to the police, I said too much. I told them exactly what I did that night. They felt that there were holes in my story because it was really hard for me to remember a week back because I had done something different each night with many different people. I told them exactly what happened at each timeline and that it was not me. I never even hinted that there was a possibility of it being me. I guess I'll find out if the prosecutor decides if it is worth it. Was telling them that I had smoked at 1am about an hour before the incident something that they could pin me on? I have an alibi for the time that the event occurred because I was sitting at home watching Batman and my sister came in and yelled at me for it being too loud. Anyway, thanks again guys.
Just my opinion. Obviously not legal advice, just my initial impression And fyi I'm still a law student :p
First off, Miranda doesn't apply here. Your attorney is going to argue it at motions, but the court's probably going to find it to be a voluntary dialogue. So everything you said is likely not going to get suppressed at the prelim hearing. In other words, everything you said can come in.
Second off, your potsmoking comment is going to be used as impeachment material. Probably for memory or something related...against you, if you testify, and all your buddies who are your alibi witnesses. The "legal reason" is going towards memory, perception, or something; however, the collateral effect that you should worry about is the impermissible inference that potsmokers tend to do crime more often than non-potsmokers. The DA can't say this, but basically you just need to make sure not to get a too conservative jury during voir dire to ensure that the jury doesn't think this inference when this is presented.
Third, if your alibi is your sister, then they'll impeach based off bias that she's a family member. Or something along those lines. Just make sure she comes off as a sweet law-abiding girl who wouldn't lie when it comes time to testify.
Fourth, other than your potsmoking comment, I don't think there's much that they can do to use your statement against you. Sure inconsistency can be used to impeach you, but it's not that big a deal so long as your prior statement doesn't implicate you. The police report of the meeting should get discovered to anyhow.
Fifth, if there is no video, audio, or handwritten statement by you for the time you went to the station, then you have the opportunity to shit on the officer in front of the jury. Despite being against procedure to do more than taking a statement, it's pretty easy to make a cop look bad by flipping office procedure against him.
Sixth, my guess is that you won't get charged with anything. And if you do, the DA is going to dismiss it sometime down the line. All they've got is a weak ID case. If they do charge you, you're probably going to get strung along till they staff it and realize it's a bs case.
Seventh, try not to talk to witnesses in your case about your case. You talk about the wrong thing and you could get charged with a felony.
The greatest worry I would have in your position is the time, $$$, and anxiety of it all. Best hope is the DA won't charge. But if they do, at least you'll have the consolation that you'll probably beat this thing in the end (imo). Good luck!
an online forum is really not the right place to ask for advice in this spot imo
THIS.
I seriously suggest watching this entire thing, second part as well. Seriously never talk to a cop about anything, even if you're brought in. They will pin you down and get you for something probably completely unrelated, and you have nobody to blame but yourself since you let your mouth open.
There's another set of videos called BUSTED, they have a series for different situations where you may have to deal with cops ie outside, in a car, in a house party, etc.
But yeah, number one thing to keep in mind is if you are innocent, you will be fine. You mentioned that the cops said you were picked out from the lineup yet the girl said you weren't, that is the way cops work. If you were brought in with a buddy, they would separate the two of you and let one of you know the other completely spilled the beans, so you may as well come clean yourself. This is a lie 99.99% of the time, and they pull it because they can and because it works.
So just keep your mouth shut, and if you're innocent, you're innocent and you have nothing to worry about.
On July 19 2011 07:38 BlackJack wrote: You could volunteer for a polygraph. They're not admissible in court afaik
Sounds like a waste of time, maybe I'm missing something?
when you pass it can get the police off your back. They are sometimes taken by family members of missing persons so the police can remove them as suspects and focus on searching
Yeah, still sounds like a complete waste of time.
Take it, fail, and then you have the police on you more even if you're innocent.
For next time, don't be so yielding to the cops. And I honestly don't think that woman has anything on you. Besides, you really are innocent so nothing to be worried about.
On July 19 2011 07:38 BlackJack wrote: You could volunteer for a polygraph. They're not admissible in court afaik
Sounds like a waste of time, maybe I'm missing something?
when you pass it can get the police off your back. They are sometimes taken by family members of missing persons so the police can remove them as suspects and focus on searching
Yeah, still sounds like a complete waste of time.
Take it, fail, and then you have the police on you more even if you're innocent.
Theres a reason they're not admissible in court.
It can't be polarizing and a waste of time, that doesn't make sense
EPT
