Hey guys. So last Friday, I found a detective's card that was left on my car asking me to contact the local police department. I had no idea what it was about because I didn't do anything that would put me trouble. I went in today thinking that it would be for something small but I get into a room and they start asking me what I was doing last Tuesday night around 12pm. Supposedly, a girl in my neighborhood had someone try to carhop her car when she was inside. He didn't get inside because it was locked and her boyfriend called the cops. At that same time, I was home watching Batman:Dark Knight while I was high and waiting for my friends to come over to smoke with me again. When they came over at around 1 A.M., we jumped into my car and started smoking inside my car. We didn't want to have the music too high in a neighborhood so we drove over to Wal-Mart and sat in the car and listened to music until around 2:30 AM. The cops get there and she tells them that the suspect wore square rimmed glasses, Asian, male, wore white athletic shorts, blue shirt, and tennis shoes. (I fit the description because I had square rimmed glasses) She apparently called her friend that lives up the street around where the suspect ran and he told the police that there was a person with the exact description standing in front of my drive way at the time. They say that she picked me out in a photo line but when I talked to her, she said she didn't. However, she also said that she is 97% sure that it was me who she saw. I am freaking out right now and I don't know what I'm supposed to do. I told them everything I was doing and was honest with all my answers. I have alibis for the time. I was online on Facebook at 12:30 right before my friends came over. It was definitely not my friends either because they would tell me if they did. What do I do TL?! I need some help..
Edit: posted this on reddit too because I am freaking out and IDK wtf i'm supposed to do. I didn't do it but the detectives nor the girl believes me.
On July 19 2011 05:45 JingleHell wrote: They can't do anything without evidence. Just cooperate and contact a lawyer.
Actually, if she gave a description and picked him out of a line, that's often enough to make this a pretty serious case. Don't slack off on this case just because *you* know you are innocent, OP. Make sure you don't say anything that's at all inaccurate or that you aren't sure of, because they can use that against you as well.
You're lucky that nowadays your actions are all recorded, so as was said above if you were on facebook or reddit you can prove that your IP address was used during that time period.
they probably won't do anything without solid evidence, but it couldn't hurt to have the number of a lawyer on hand... and for the love of god, stop being a retard and going on smoke rides
What other people said and don't talk to cops about your friends either. That youtube is fantastic and consider they can implicate you by having you talk about what your friends were doing. You can accidentally back yourself in to admitting knowledge of the crime without knowing it.
When it comes down to it, if they really think you did it, you're going to need a lawyer anyway. Earlier the better!
On July 19 2011 05:45 JingleHell wrote: They can't do anything without evidence. Just cooperate and contact a lawyer.
He was identified out of a lineup? Cooperate? I would say that is the worst move he can make hence he is already incriminated.
If the cops ask to speak to you tell them no. If they ask you to go to the police station, ask them if they have a warrant. If they don't, don't go.
Aside from that. If you have ever watched the First 48, it is a murder investigation show on TV. 95% of the time, the Chief says to the detective "We don't have enough evidence, you need to get us a confession". They get a confession. If they hadn't, the guy would have walked.
Talking to police without a lawyer, generally just puts you in a bad position.
Contact a criminal defense attorney, don't talk to ANYONE but him about ANYTHING you did that day, let him handle everything, do EXACTLY what he says, DO NOT talk to the police, DO NOT talk to the detectives.
DO NOT take any actions related to this except what your legal counsel explicitly tells you to do.
Whether you are guilty or innocent, your attorney will know what to do. Provide him with full and complete information, and he will keep you okay.
Watch that video and get a lawyer ASAP, talk to your parents or open a phonebook. If they start asking you questions, say you want a lawyer. Say it is your right, and say that you need a lawyer because you are a suspect.
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.
Identified out of a lineup is starting to mean very little if there is no concrete proof, especially when he has an alibi.
I mean, you seriously think she could have seen the culprit clearly at midnight? Come on. Even under a streetlight, it could've been any asian (questionable too).
EDIT: Good thing you aren't African-American. Remember that innocent guy that was put in jail for years until DNA evidence absolved him? He got put away just from being identified out of a lineup.
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.
Well the biggest mistake was to talk to the police without a lawyer. You should be OK but seriously get a lawyer that's the single best thing you can do. Single best thing. They're gonna say you did the crime while high etc etc.
This doesn't make sense. She was freaked out about it, had the police do a photo lineup with your picture in there. They said she pointed to your picture and then she actually talked with you after and said she did not point to your picture but she is 97% sure it was you. Why is she talking with you if she was freaked enough out about it?
Also she gave a better description than some people give in broad daylight. It sucks if this is the case and everything is true, but the way it is presented it does not add up.
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.
Please don't give out legal advice on the Internet.
To OP: Darkforce and Blazinghands have it right. Stop talking to the cops; get a lawyer.
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. =]
Get a lawyer, at least someone who is training in law school if you don't want to spend that much money.
That being said, like many people have said, it should be an easy case to toss out. Many people wear square rimmed glasses and she wasn't even so sure herself.
Them saying she picked you out of a line-up is probably them trying to get a confession. If she really picked you out of a line-up. You would probably be in jail awaiting your prelim.
Where did they get a picture of you from? Ask them to see the picture.
On July 19 2011 07:02 AlBundy wrote: You sure making a blog about this is a good idea? First thing I'd do is contact a lawyer.
This is absolutely correct. Contact a lawyer, talk to noone else and do nothing except what he explicitly tells you to do. Do not speak to the police. The only person who should hear what is going on on that day should be your lawyer.
To the OP:
Do not speak to the police. Contact a lawyer. Do not share details about that day with anyone but your lawyer, and share everything with him. Follow his advice to the letter.
Anyone telling you not to get a lawyer is wrong. Get a lawyer.
Anyone telling you to talk to the police, or some technicalities regarding the Miranda Rights might be right, but you can't be sure. Get a lawyer.
Anyone responding to this blog who thinks you or any lay person is going to individually outsmart some policemen while talking to them is wrong. Get a lawyer.
Anything the police say is just them doing their job, which is to trick you into confessing. Don't listen to them. Get a lawyer. If they bring you in for questioning, no matter what, DO NOT RESPOND to any of their interrogation, request your lawyer, or get one. Just pick a random one out of the phonebook if you have to.
In summary: Get a lawyer. Do what he says. Do not do anything regarding the case except what he explicitly tells you to do. Do not talk to anyone. Get a lawyer.
Man you sir are noob. Never talk to cops. Use your rights and get a lawyer. Let lawyer do all the talking.
but yea next time cop interview you. Say I want an attorney. In US, they have to give you one. If you don't have an lawyer. Police will twist your words and make you condemn yourself especilly if they think you did it.
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.
Yes, smoking can be used to discredit you (or phase your memory). I'm no professional, so I'm hoping Hot_bid swoops in. However you have several key witnesses and you have time stamps on your facebook account, right?
You have several strong alibis and a photo line-up is really faulty (because the witness or victim often feels the need to pick one when there could be none) or the photos were poorly placed (I forget how you're suppose to do it, but a lot of the officers do it wrong or poorly).
Lastly, it was late at night, she was panicking and it probably happened very fast. This is fodder for your lawyer to not discredit the witness, but put doubt and dismiss the case.
That's what I think. You're not at a total loss, your cooperation could also be used for a sign. There aren't many holes in your story because you have an alibi to back you up.
Best advice for the present situation. The quicker you get legal counsel the better. They can help you through the situation, put your mind at ease, and make sure you don't say things that would make the police arrest you.
The truth will come out eventually, but you need to stack the deck in your favor. Invest in a lawyer!
I can't give any better advice than what's been posted (especially interested in that video on Page 1, will have to check that out tomorrow when I have time) but I will say sorry man and good luck with the ordeal. These kind of situations suck and can really tilt you even though you know you're clean. Getting blamed for shit is the worst on a whole multitude of levels.
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.
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.
they could accuse you of being a pothead, trying to diminish your credibility and make it look like you would lie about this or at least be more likely to do something like this since u partake in illegal activities anyways.
there are a lot of ways they can twist it, never tell them anything. get a lawyer.
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
Getting blamed for shit is the worst on a whole multitude of levels.
