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View Full Version : first time in jail. legal advice?



bricez28
09-14-2009, 09:01 PM
i know we usually dont discuss this here since the last kid, but im willing to listen to others advice. i was pulled over, and i didnt know why. the cop takes me out of the car, and askes if he can look around the car. i said sure, i have nothing to hide. so he puts me in cuffs, for his safety. runs my lisence, and it comes back suspended for a ticket i paid late. so i was ready to pay that ticket. i accually didnt know it was late. so he puts me in the car and askes if i can get bail. i was like seriously? so he tsakes me to the precinct and handcuffs me to a table forever. he does all the paper work, and my friends eventually come with bail. now he gives me three things (where popo nees to come in) my pre arraignment cash bail reciept, the ticket for why he pulled me over, and a desk appearance ticket. i have to go to court november 9th, or before that. now on the ticket, it says i failed to stop and remain sanding at a legally installed stop sign, and lists the intersection. there isnt a stop sign at this intersection. and this ticket has no price on it. so im a little confused. also he didnt read me my rights, does that mean anything? and do you get bail back? someone told me you did but I didnt think so. I know I fucked up, but still I was stopped for no reason. and I wouldnt have driven if I knew my lisence was suspended. should i just go and pay whatever and be done with it?

SexyTransAm
09-14-2009, 09:12 PM
did u sign anything? if so u might have signed ur rights away! and im bout 99% sure ya get bail back

bricez28
09-14-2009, 09:14 PM
the only thing i signed was my bail receipt.

bitchinbird99lt1
09-14-2009, 09:14 PM
well if you got stopped for no reason (being there is no stop sign at this intersection)I would think you would get your bail back. I would go to court and fight this. If you weren't doing anything wrong, and the officer lied on the ticket I don't see how this would stand in court. I would deffentaly try to hire an attorney...

I am not an expert...I would talk to Ryan! He helped us a ton! I would also get Popo to answer some questions for you! He helped answer A TON! of our questions!

Good luck, and keep us updated!

SexyTransAm
09-14-2009, 09:16 PM
then for sure get an attorney and fight the hell out of this!!!

Z28pr0jekt
09-14-2009, 09:17 PM
because you were physically placed under arrest, you were supposed to be read your rights.

bitchinbird99lt1
09-14-2009, 09:18 PM
because you were physically placed under arrest, you were supposed to be read your rights.
That is what I thought, but I was only 99% sure...

SexyTransAm
09-14-2009, 09:19 PM
any clue if there was in car vid in the popo car?

Camaro_94
09-14-2009, 09:39 PM
I think all police cars have camera's in them as long as theyre not "undercover".

I think you get your bail back as long as you show up to court.

I'm not going to give any advise because I dont know ANYTHING about that sorta stuff. All I'm going to say is good luck (and get an attorney!)!

SexyTransAm
09-14-2009, 09:53 PM
well here not all cop cars have a cam. my girlfriends brother is a cop and his car dont have a cam. and he is not undercover

CALL911
09-14-2009, 09:57 PM
Unless anyone really knows the legal system up and down (has a degree in it, or does it for a profession like popo), I wouldn't waste your time on here man.

You need to do yourself a favor and get a lawyer. They are the pros on this stuff, and will be able to help you much more than we could. I know they can be expensive, but trust me, in the end, WELL worth it.

I got one a while back when I got one ticket too many and my license was possibly going to get taken away. I paid $600 for one who ended up pulling all kinds of strings, getting me completely off the ticket, and even cleaned up a few others on my record. Looking back at it now, it is the reason I have a clean record, and possibly a big reason I made it into the Air Force into the position I did with the security clearance I have. If my record was tainted like it would have been, its quite possible I would not be in pilot training.

Long story short, get a lawyer, or at least seek some legal advice on this one man. I wish you the very best of luck. You don't seem like the kind of guy who deserves to get shwacked on this one.

Tarheel'Z'
09-14-2009, 10:07 PM
X2^^^ ,,except that last part/////j/k:D

Fastbird
09-14-2009, 10:58 PM
because you were physically placed under arrest, you were supposed to be read your rights.

Yup. If you didn't get read your Miranda rights, that's a get out of jail free card. ESPECIALLY if you can prove that the intersection for said ticket doesn't have a stop sign either.

secretasianman
09-15-2009, 01:33 AM
i know we usually dont discuss this here since the last kid, but im willing to listen to others advice. i was pulled over, and i didnt know why. the cop takes me out of the car, and askes if he can look around the car. i said sure, i have nothing to hide. so he puts me in cuffs, for his safety. runs my lisence, and it comes back suspended for a ticket i paid late. so i was ready to pay that ticket. i accually didnt know it was late. so he puts me in the car and askes if i can get bail. i was like seriously? so he tsakes me to the precinct and handcuffs me to a table forever. he does all the paper work, and my friends eventually come with bail. now he gives me three things (where popo nees to come in) my pre arraignment cash bail reciept, the ticket for why he pulled me over, and a desk appearance ticket. i have to go to court november 9th, or before that. now on the ticket, it says i failed to stop and remain sanding at a legally installed stop sign, and lists the intersection. there isnt a stop sign at this intersection. and this ticket has no price on it. so im a little confused. also he didnt read me my rights, does that mean anything? and do you get bail back? someone told me you did but I didnt think so. I know I fucked up, but still I was stopped for no reason. and I wouldnt have driven if I knew my lisence was suspended. should i just go and pay whatever and be done with it?

You are only read your rights if you are going to be questioned about the offense you have been arrested for.

I obviously wasn't there, but I can't imagine an officer making up a stop sign violation. But if there is no stop sign you should be fine in court. Go back and take some pics of the intersection for court. You'll prolly still have to appear because of your suspended license. I would clear any suspensions before court, if possible, and come to court with a new license in your hand (i'm guessing the officer kept your suspended license). That should go a long way with the prosecution/judge. Good luck.

AChotrod
09-15-2009, 12:22 PM
You are only read your rights if you are going to be questioned about the offense you have been arrested for.

I obviously wasn't there, but I can't imagine an officer making up a stop sign violation. But if there is no stop sign you should be fine in court. Go back and take some pics of the intersection for court. You'll prolly still have to appear because of your suspended license. I would clear any suspensions before court, if possible, and come to court with a new license in your hand (i'm guessing the officer kept your suspended license). That should go a long way with the prosecution/judge. Good luck.
X2 go get pics of the intersection, and take care of all previous fines to get your DL back B4 you go to court.

prostkr
09-15-2009, 02:07 PM
your bail money will go to court costs and fines first (if you show up). If there is any left over they will refund that portion. Dont ask me how I know.

BlownFormula
09-15-2009, 02:44 PM
Unless anyone really knows the legal system up and down (has a degree in it, or does it for a profession like popo), I wouldn't waste your time on here man.

You need to do yourself a favor and get a lawyer. They are the pros on this stuff, and will be able to help you much more than we could. I know they can be expensive, but trust me, in the end, WELL worth it.

I got one a while back when I got one ticket too many and my license was possibly going to get taken away. I paid $600 for one who ended up pulling all kinds of strings, getting me completely off the ticket, and even cleaned up a few others on my record. Looking back at it now, it is the reason I have a clean record, and possibly a big reason I made it into the Air Force into the position I did with the security clearance I have. If my record was tainted like it would have been, its quite possible I would not be in pilot training.

Long story short, get a lawyer, or at least seek some legal advice on this one man. I wish you the very best of luck. You don't seem like the kind of guy who deserves to get shwacked on this one.

Couldn't have said it better myself.

1FASTSS
09-15-2009, 02:50 PM
Just make sure you take care of everything before court...pay the fine and get your DL back. I would personally not get a lawyer and waste the money for something this easy...its a traffice ticket...nothing else...take your pics and be done with it. You fucked upped and didn't pay a fine...you just need to show you have paid it before you get there and you'll be fine.

1hottcamaro
09-15-2009, 08:49 PM
all i can really say is good luck!!! keep us posted

Cyanydem28
09-15-2009, 10:57 PM
Excuse me if Im wrong,, but all this for an unpaid ticket?

popo8
09-16-2009, 06:28 AM
because you were physically placed under arrest, you were supposed to be read your rights.


Not true. MIRANDA RIGHTS are not necessary just because you are taken into custody.

SImple formula: MIRANDA=CUSTODY + INTEROGATION

This also is the same case if you are not in custody and asked questions, no Miranda is required at that point either....

popo8
09-16-2009, 06:30 AM
I think all police cars have camera's in them as long as theyre not "undercover".




Camera and computer equiptment in poice vehicles is a "BUDGET" issue, not a requirement/necessity.

popo8
09-16-2009, 06:54 AM
-i was pulled over, and i didnt know why. (WHAT DOES THE TICKET SAY FOR THE VIOLATION?

-the cop takes me out of the car, and askes if he can look around the car. i said sure, i have nothing to hide (DID HE FIND ANYTHING?)

-runs my lisence, and it comes back suspended for a ticket i paid late. so i was ready to pay that ticket. i accually didnt know it was late. so he puts me in the car and askes if i can get bail.(IN PA A CITATION MUST BE EXTREMLY LATE FOR A WARRANT TO BE SERVED ON IT, ESPECIALLY IF IT WAS PAID, LATE OR NOT. IF IT WAS UNPAID THEN I CAN UNDERSTAND A "FAILURE TO APPEAR" WARRANT

-(where popo nees to come in)IM HERE....

-now on the ticket, it says i failed to stop and remain sanding at a legally installed stop sign FAILING TO STOP MEANS YOU RAN THE STOP SIGN

-there isnt a stop sign at this intersection.THAT IS CONFUSING BARRING THE LAST STAATEMENT YOU MADE IS ACCURATE

-and this ticket has no price on it. so im a little confused.IT MAY BE A SLIDDING FINE ASSESSED BY THE COURT

- also he didnt read me my rights, does that mean anything? UNLESS YOU WERE QUESTIONED WHILE IN CUSTODY, MIRANDA IS NOT REQUIRED

-and do you get bail back? DEPENDS IF ITS STATE ASSIGNED BAIL OR A BAILS BOND AGENCY, BUT RULE OF THUMB IS BAIL IS RETURNED AS LONG AS YOU SHOW UP AT COURT, HOWEVER A FEE MAY BE KEPT.

-I know I fucked up, but still I was stopped for no reason. and I wouldnt have driven if I knew my lisence was suspended.SPEAK WITH AN ATTORNEY, EVEN IF JUST THE FREE CONSULTATION BUT FIND A TRAFFIC SPECIALIZED DEFENSE ATTORNEY

-should i just go and pay whatever and be done with it NO NO NO


Good luck if you need more clarrification I will do what I can just ask the question. Remember most of the information I have posted is based on my knowledge and experience in PA

BLK95TA
09-16-2009, 09:39 PM
YouTube - Stop breaking the law, asshole!

:jest:

bricez28
09-18-2009, 06:16 PM
lol thanks everyone and especially popo. the stop sign isnt there. from the back (what he saw) sorta looks liek a stop sign, but its a railroad crossing.


he found nothing in the car, i dont have anything. running a legally installed stop sign was the violation, but again. no stop sign.

popo8
09-20-2009, 07:16 AM
My pleasure. Its HOW I DO.... anyways....keep us posted.