Falsely arrested!!!

JuicyJay

JuicyJay

Bluelighter
Joined
May 30, 2006
Messages
572
So here is an update of my post last month about myself getting questioned.


Cops (state troopers) just came to my house and arrested me. Cuffed me, took me to the station, printed me, and got my photo....

All because of people who don't like me!!!!

There were "multiple reports" of myself selling marijuana to underage kids.

I fucking haven't SEEN weed since July or earlier!!!

They said I sold it to them in October sometime, bullshit.

One ticket for "Criminal sale of marijuana 5th" and another for "Endangering the welfare of a child"

I have court on Tuesday. I am innocent!!!!!! What can I do?!?! Now my fucking name is going to be in the paper!!! I am furious:X

My record is clean, rephrase SPOTLESS.

This is why I don't fucking see anyone anymore because of this little bitch DRAMA! I haven't seen anyone that would say this for MONTHS.

I am innocent but I feel they won't believe me. It's words against words!! There is NO proof!!!

If this fucks up my life with the navy.....ohhhh revenge will come.
 
Well, as long as you didn't do it then why are you worried? The burden of providing proof lies on the prosecutor. It's really hard to convict someone of something like this if there really is no evidence.

I'd make sure you find a lawyer who has experience with these kinds of cases and you should have no problem getting the charges dropped if you really did nothing.

I mean think about it, most people get charges dropped when they DID do something just because there is still doubt they really did it. You should have no problem creating some doubt that you did anything if you didn't do it.

P.S. I'm not a lawyer, don't listen to me.. except about getting a lawyer.
 
All you can do is get a lawyer and fight it. If you can't afford a lawyer, tell the judge, and one will be appointed to you. It sounds like the only evidence is the testimony of people are are lying, in which case a decent lawyer should be able to keep you from getting convicted.

Unfortunately it takes an awful lot to sue the police for false arrest. If they relied on several people who told them you broke the law, and it was at all remotely reasonable for them to do so, then you have not chance of winning a lawsuit against them.

Please don't try to take revenge on anyway, or you risk truly fucking up your life.
 
Kul69 said:
Well, as long as you didn't do it then why are you worried? The burden of providing proof lies on the prosecutor. It's really hard to convict someone of something like this if there really is no evidence.
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There's reason to be worried. If someone testifies that "he sold me drugs" that's sufficient evidence for a conviction. Now, a good lawyer will be able to raise reasonable doubt in this situation, but there's still evidence against you, and you still have to fight it.
 
What makes something like that usable as evidence? I don't understand what makes that valid in court if its just his word against another person's. If someone says they bought drugs from him, and there is no hard evidence (video, photos, weed sack with JJ's fingerprints, whatever), why is that enough to convict someone? What if they are lying? Can you get them to take a polygraph or something?
 
fizzacyst said:
What makes something like that usable as evidence? I don't understand what makes that valid in court if its just his word against another person's. If someone says they bought drugs from him, and there is no hard evidence (video, photos, weed sack with JJ's fingerprints, whatever), why is that enough to convict someone? What if they are lying? Can you get them to take a polygraph or something?
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When a witness testifies in court, that's evidence. (Even things they say outside of court can be evidence, depending on certain factors.)

The rules of evidence are what makes it "valid evidence": The witness is sworn in (so they promise to tell the truth under penalty of perjury). When the government questions them, the government cannot ask leading questions. Then, the opposing side has a chance to cross-examine them. And the jury can decide whether they think the witness is lying based on the witness's demeanor, and so on.

Then there are a whole host of other rules of evidence that apply - hearsay, relevance, and so on.

We rely on all these safeguards so that we can treat testimony as valid evidence. Do people lie in court anyway? Sure, all the time. And people get convicted all the time on the basis of testimony. Welcome to criminal law.

And no, you cannot force someone to take a polygraph. It isn't reliable enough, for one thing.
 
^^ Does this mean that in the future if we find a noninvasive way to determine with 100% accuracy that someone is lying it will be probably be used in courts?
 
Well I went and talked to my school principal, who has a legal background. He gave me some advice to ask certain questions.

What evidence do they have?
The exact nature of the charges?
Is it a preliminary hearing?
If I have to plead, ask for a continuance even if I am innocent for proper legal defense.

Court is tomorrow and I'm still worried.

I don't believe in polygraph because you can stay calm and lie while it comes out as the truth, or you can tell the truth and be nervous as hell (ME!) and it comes out as lies.

There is no proof whatsoever, just these multiple reports with my name thrown around.

The principle said there were multiple students that got in trouble and passed my name to the police. Which is bullshit:X

I called multiple lawyer numbers, but none are available:p

I don't have time for this preteen bullshit:X
 
Kul69 said:
^^ Does this mean that in the future if we find a noninvasive way to determine with 100% accuracy that someone is lying it will be probably be used in courts?
Click to expand...

I have no way of knowing the answer to that.
 
JuicyJay said:
Well I went and talked to my school principal, who has a legal background. He gave me some advice to ask certain questions.

What evidence do they have?
The exact nature of the charges?
Is it a preliminary hearing?
If I have to plead, ask for a continuance even if I am innocent for proper legal defense.
Click to expand...

I would advise you NOT to start asking these questions.

Instead, simply tell the judge you don't have a lawyer, and that you need time to get one, because YOU WANT A LAWYER. Be sure to make it 100% clear that YOU WANT A LAWYER, because believe me, YOU DO.

The judge may ask you if you cannot afford your own lawyer, so be prepared to answer that. If you're not sure, say so, but err on the side of saying you cannot afford one. (Don't lie, just don't say you can afford a lawyer if you're not 100% sure you can. Remember, lawyers can be extremely expensive.)

The judge may send you to the public defenders office, if you have one, where they will probably ask you more questions about your financial situation.

I also recommend that you not go to your principle for legal advice. He is probably not a criminal defense attorney, so he shouldn't be doing that. Moreover, he may end up being a witness against you, and anything you say to him could be used against you.
 
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JuicyJay said:
One ticket for "Criminal sale of marijuana 5th" and another for "Endangering the welfare of a child"
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Can you be more explicit about what the "ticket" says? And are you sure it's a ticket, not a charging document? Does it order you to pay a fine or something, or is it just putting you on notice of what the charges are?

What state are you in?
 
It's an appearance ticket. I am in New York:\

I am hereby directed to appear in the court in connection with my alleged commission of the offense of (endangering welfare and criminal sale) contrary to the provisions of section 260.10 of the penal law.
 
I don't know what an "appearance ticket" is, but it doesn't sound like the kind of ticket/fine you might get for simple possession. Sounds more like a summons to me.

Please do what you can to get a lawyer. If you can't, be sure to tell the judge you tried to get a lawyer, but couldn't get one, and that you WANT A LAWYER.
 
Is this a "desk appearance ticket"? If so, see this site:

http://www.desk-appearance-ticket.com/

Click on the menu to the left for more info. Basically, you're showing up for an arraignment:

http://en.wikipedia.org/wiki/Arraignment

That's when you're formally charged, and the court reads the charges against you (although that can be waived).

Read this too:

http://www.desk-appearance-ticket.com/counties1.htm

There's info based on what county you're in.

Also, there's some possibility you'll be taken into custody. So you might want to arrange for someone to bail you out. If you absolutely, positively have to plead, plead "NOT GUILTY". But only after you repeatedly ask for a lawyer.

Here's a Google search for relevant terms:

http://www.google.com/search?hl=en&q="appearance+ticket"+"new+york"&btnG=Google+Search

Good luck, and let us know how it turns out.
 
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I have to go back next week. I know the Judge and she is very nice. She will work very hard to get this taken care of before I have to leave.

These statements against me are LIES!!!!!

I just received all of the paperwork against me and they are complete lies. When I am not convicted I'm going to make sure these flapperdoodle people get arrested for lying under oath!!!!!!!

Seriously though, I believe my navy career is completely ruined, therefore I will have no future Exclamation

I have less than a month to get this straightened out....

I am enraged......
 
I have to go back next week. I know the Judge and she is very nice. She will work very hard to get this taken care of before I have to leave.

These statements against me are LIES!!!!!

I just received all of the paperwork against me and they are complete lies. When I am not convicted I'm going to make sure these flapperdoodle people get arrested for lying under oath!!!!!!!

Seriously though, I believe my navy career is completely ruined, therefore I will have no future Exclamation

I have less than a month to get this straightened out....

I am enraged....
 
Did you get a lawyer yet? It's good that you know the judge and that she's very nice, but I wouldn't rely on her to take care of it. That's not her job, that's your lawyer's job.

If you're not convicted, I can't imagine how it will ruin your Navy career, but then what do I know about the Navy.
 
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Sorry this will be so brief but I'm about to leave work. Are you a under 18? If so the court is required to give you a lwayer free of charge because your parents income cannot be used to determine your net worth which as a teen is typically zero. You know the judge from where? The prosecution may ask her to recuse herself if she knows you personally, depending on the relationship.

But I wouldn't worry too much. Kids who drop your name when they get in trouble does not constitute a very credible witness, and any attorney worth a hoot should be able to show that.
 
Ask for a court appointed attorney if you have no $$$. Plead "not guilty", if you haven't already & talk to your attorney about everything you know of relevance to this case. An affidavit from someone saying you sold them weed may be admitted into evidence against you, but a good attorney can most likely have it thrown out on grounds of Hearsay evidence. If they have no real (physical)evidence against you you should be alright. Testimony alone is rarely enough for a conviction. If you had no weed or excessive cash on you or in your residence when you were arrested you should be fairly golden facing a jury trial.
That sucks about your navy career. Even being charged with a drug offense can limit what possible jobs you may enter into in the armed forces. Sorry & good luck
 
Doc_Rocksbay said:
An affidavit from someone saying you sold them weed may be admitted into evidence against you, but a good attorney can most likely have it thrown out on grounds of Hearsay evidence.
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You can't get an affidavit of that sort admitted into evidence in the first place.

Doc_Rocksbay said:
Testimony alone is rarely enough for a conviction.
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Not rare, it happens all the time.
 
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