Was this legal? I was arrested and put in jail for no reason

[Dempig]

Btw im only 17, if that matters.

A friend and I got bored last night at around 12 , so we walked to the only place that was still opne (Wal-Mart) to get something to eat. Its about a 2 hour walk to get there and back.

On the way back , like 10 minutes form my house, 2 cops come rushing at as and jump out of the car yelling asking what we are doing. I told them just walking home, but they kept screaming asking us if we were doing drugs and crap. I said no, but they kept asking over and over and I was getting a little pissed since I just got done walking for almost 2 hours and was really fucking tired and they wouldnt let us leave.

I starting mouthing off to them , and they handcuffed me and my friend. They started searching me without my permission (which im pretty sure wasnt legal), and took my wallet, sweater, and drink I just paid $2 for. I got extremely pissed and started yelling at them, so they threw my friend and I in the back of the cop cars and took us to jail. I kept yelling at her asking us what the fuck we were getting arrested for but they wouldnt tell me.

When we got to jail, The asshole jailor there pushed me around for no damn reason while I was cuffed and made me get a big ass cut on my finger which they wouldnt do shit about. They also searched us again, and made us take off everything but our socks, a shirt and shorts. We spent over 12 hours in jail with them refusing to tell us what we did or how long we had to stay there. I didnt get to call anyone, and they didnt feed us.

When they finally let us out, they gave us both a paper that said we had to be in court April 6th and pay $250 for public intoxication. WTF? We didnt have an OUNCE of fucking alchohol in our body. They didnt give us any type of sobriety test or read us our rights either.

They also STOLE my fucking sweater, saying "If its not in your property bag , your shit out of luck."

Is this kind of shit legal? And what the fuck can I do? Im sure as hell not paying $250 for fucking WALKING home.

[Stoffer]

Lollercaust, it's illegal to be drunk in public?

On a serious note, that's pretty fucked up.

[Stale]

they can detain you for 24 hours for no reason. or if they deem you a terrorist, they can detain you for 24 months for no reason.

[Jawdog]

Should have phoned for pizza.

[Arkons]

They can arrest you and throw you in jail for no reason anytime they want really. Just another example of people in power who have no right to be there and definately don't belong there.

As for the public intoxication, you go to the court and fight it. Did they give you a field sobriety test?

[Daefuin]

Should call a lawyer...

[Eyepatch]

Where do you live Dempig?

[Daefuin]

Dempig
Registered User


Join Date: Dec 2001
Location: tx
Posts: 467

^^

[Dempig]

I live in Texas.

They didnt give me a sobriety test , read me my rights, tell me what I was being arrested for or anything.

[Eyepatch]

I think there are a couple DBers whom are lawyers, may want to seek their advice.

[Stoffer]

Where is Malig, the boards resident e-attorney?.

[zdlr]

I don't know about the law there, but here they can't charge you for any intoxication charge without a BAC test.

[Stichx]

that messed up...

[Decadence]

There are a multitude of legal reasons why a police officer can question, or stop, or detain, or arrest a person etc...looking at a more obvious one, I know that there have been curfews in certain cities and/or counties. For instance, take this one below:

ARTICLE V. JUVENILE CURFEW

Sec. 28-171. Definitions.

The following words, terms and phrases when used in this article shall have the meanings ascribed them in this section, unless the context of their usage indicates another meaning:

Emergency shall mean an unforeseen combination of circumstamces or the resulting state that calls for immediate action. The term shall include but not be limited to a fire, natural disaster, vehicular accident, or a serious medical condition of sudden onset.

Guardian shall mean the person who , under a court order, is the guardian of the person of a minor or the public or private agency with whom the minor has been placed by a court.

Minor shall mean any person under 18 years of age.

Parent shall mean the natural mother or father or adoptive mother or father of a minor.

Public place means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartments, houses, office buildings, transport facilities, and shops.

Sec. 28-172. Offenses.

(a) It shall be unlawful far any minor to knowingly remain, walk, run, stand. drive or ride about, in or upon any public place in the city between the hours of 12:00 at night (midnight) and 6:00 a.m. on any day of the week or between the hours of 9:00 a.m. and 2:30 p.m. on a Monday, Tuesday, Wednesday, Thursday or Friday.

(b) It shall be unlawful for the parent or guardian having legal custody of a minor to knowingly allow or permit the minor to be in violation of the curfew imposed in section 28-172(a) of this Code.

(c) Violations of this section shall be punishable as provided in section 1-6 of this Code.

Sec. 28-173. Defenses.

It is a defense to prosecution under section 28-172 of this Code that:

(a) The minor was accompanied by his or her parent or guardian;

(b) The minor was accompanied by an adult designated by his or her parent or guardian;

(c) The minor was on an errand made necessary by an emergency;

(d) The minor was attending a school, religious, or government-sponsored activity or was traveling to or from a school, religious, or government-sponsored activity;

(e) The minor was engaged in an (sic) lawful employment activity or was going directly to or coming directly from lawful employment;

(f) The minor was on the sidewalk of the place where he or she resides;

(g) The minor was on an errand directed by his or her parent or guardian;

(h) The minor was in a motor vehicle involved in intrastate or interstate transportation;

(i) The minor was engaged in, participating in, or traveling to or from any event, function or activity for which the application of section 28-172 of this Code would contravene his or her rights protected by the Texas or United States Constitutions;

(j) The minor was married or had been married or had disabilities of minority removed in accordance with chapter 31 or the Texas Family Code; or

(k) With respect to the hours between 9:00 a.m. and 2:00 p.m. only, that the offense occurred during the school summer vacation break period of the school in which the minor is enrolled or on a holiday observed by the closure of classes in the school in which the minor is enrolled or that the minor has graduated from high school or received a high school equivalency certificate.

Sec. 28-175. Supplimental effect.

The provisions of this article are supplimental and shall be cumulative with all other laws and ordinances applicable in any manner to juveniles.

Sec. 28-175. Enforcement.

Notwithstanding the penal effect of this article the chief of police is encouraged to develop alternative enforcement strategies, which may include but need not be limited to the return of minors to their residences or schools, counseling with minors and their parents and guardians, the issuance of warning citations to minors or their parents or guardians, or the referral of instances that appear to also involve the violation of school attendance laws to those officers who are responsible for the enforcement of those laws. The enforcement strategies shall be promulgated in writing to members of the police department so that this article may be enforced in uniform manner.



Having said that, I think what the police did in initially stopping you they may have had "cause" (or more importantly from a court of law's perspective been justified). I am not saying that your city has a curfew, but giving you an idea that they probly can throw many legal reasons of why they stopped and questions you two. I think what they did was wrong, but I also believe you will have a nearly impossible time to argue they broke a rule by stopping you. Hence, if they can indicate they had justifiable cause (again, this will be nearly impossible for you to disprove), then the fight next becomes were you two under the influence.

However, their actions afterwards were in my opinion an abuse of their power. I do not mean from a legal stand point but more from a moral and ethical view. From what you have said, it seems that you were clearly not drunk (didn't drink at all) nor did they believe that you were drunk. More importantly, based upon your words that you mouthed off to them, I'd be willing to bet you succeeded extremely well in pissing them off to the point where they wanted to "teach you a lesson". Again, it is completely wrong what they did, but unfortunately, you may now have an uphill fight that may cost you more money in order to fight a false charge of PI. The fact that they have lied may be hard to prove. It is your word (and your friends) against theirs. Believe it or not, I would not put it past those dickheaded officers that they may even go so far as to claim they administered both of you field sobriety tests and that you both failed them. No joke. So, the fact that they did not test once you were in jail may not be enough.


If you fight it without a lawyer, you will probly lose. I am not saying that you cannot win, but more than likely without knowing the system, legal terminology, and the law, you will be at a severe disadvantage because we are not talking about you fighting a traffic ticket where if the police officer does not show up it will be dismissed. This is not the case.


I, personally, would not want that on my record. You should definitely seek legal advise. Many attorneys will see people for an initial consultation for free. I'd say you should do this with several lawyers. You should start looking up attorneys now, and who practice specifically in that field (ie you do not want some divorce attorney, or general practician for instance). If you call 15 different attorneys that you like and 8 say they give free consultations, I would suggest you see all 8 of them. It will help you get a better idea of just what you are looking at financially and legally. You do not have to retain any of them. Just use their free consultations as a means of gathering facts. Ask them questions about your rights, and what can be done. Do it from the point as if you are interviewing them to see if you want to retain their services. You will find out alot.


Also, be careful about some attorney fees as many are extremely costly, and you do not want to get slapped with a large bill. You need to be crystal clear on any attorney's fee structure, per hour, legal aides, courier fees, etc... (should you decide to hire one). They should have this information should you ask, and I would not hire/retain one who didn't divulge that information.


At this time, information gathering on your part will be critical in knowing what steps to take next. You may get lucky and feel that based upon what you find out from talking to as many as you can that you may be able to handle this on your own without having to spend $$$ for a lawyer.


At this time, information is critical, and without it, you will be making decisions blindly.


Again, I hope this helped, and wish I could do more for you.

[Genaside]

to sum up what he just wrote...


You're fucked in the matter of being treated poorly. As far as PI goes though, hire a lawyer (will prolly cost something like 500) and youll have that charge removed, most likely out of court since they have no physical evidence of drunkenness.

[Decadence]

Another thing that I thought of is that there is a report.

It would seem logical that you could get a copy of that report and on what basis they determined to charge you with PI (ie they claim you have a beer bottle, smelled alcohol on you, failed field sobriety...whatever the lie may be).

[Azriel]

Side note, they can search your person without your consent....as far as not being given a sobriety test and being charged with public intoxication.....get a lawyer, they have no case and no proof should get off easy...As far as them abusing you whilst you were in jail and what not, good luck proving that...

[Mindgames]

Who the fuck spends 2 hours walking to Wal-Mart. If anything you should be arrested for that :P buy ya sounds fucked to me.

[KetaMean]

Stoffer: Instead of pressing quote on Ketas thread I pressed edit. So instead of using his post, I wrote my own post on his. Sorry Keta

Gg.

edit:Keta- GOOD JOB STOFF, just kiddin heh.

[Stoffer]

In general there isn't enough proof for you to really win the case other then spoken word, which wouldn't work in your favor.

Well isn't it the other way around? You're innocent until proven otherwise? The cops are the ones that should have to prove you're drunk etc. If they didn't administer any test at all, doesn't that put them in a bad spot?

[BlackStar]

Thats pretty fucked man, but get a lawyer and get the fine thrown out so it doesnt go on your record. If they didn't test you, they're fucked in that matter.

[KetaMean]

Well isn't it the other way around? You're innocent until proven otherwise? The cops are the ones that should have to prove you're drunk etc. If they didn't administer any test at all, doesn't that put them in a bad spot?

reasonable doubt. cops always have that on their side, you can fight it of course, but when in court its enough for a cop to get away with it. My friends car was parked at 1 block away from a friends house somewhat near the woods, but we were at her house. Our windows were down in the car so the assumed there were kids in the woods drinking so they ended up going to my friends house, walking in with no warrant or being told they could come in, and went into his parents room (where his parents were sleeping). His mom is a lawyer, the one I talked to, and she said no matter what we were doing (which was nothing) we shouldn't even complain or go to court about how they went into the house without a warrant or anything. Thats how fuckd up it is.

[Haanibal]

The Public intoxication charges will get dropped as long as you have a lawyer. Unless you know the laws in Texas like that back of your hand. I would definitely recommend calling a lawyer asap. As far as a copy of the police report, you will need your legal guardian to call for that. You are 17 , therefore you will be treated as a juvenile. You need to find out if there is a curfew in your town, which there probably is. It's one of those things they don't tell anyone about growing up. Esp. since our parents all hung out and smoked pot until 5am when they were kids in that same town. So everyone seems to think there is no curfew for juveniles. They have the right to search you as long as they have probable cause. In this case they did, being that you are a juvenile, and out late as fuck. Past the hours of 1am, I'm almost positive Police officers can stop anyone with reasonable suspicion and search them. You being a kid, in a small town. You can thank all the fuckin potheads, and drug addicts for that one. Mouthing off to the cop was the wrong thing to do. If you ever mouth off to a cop, then you are pretty much fucked. And if you are going to do it make sure there is an adult present with a legal background. Or someone is rolling film. That way if they hit you or anything , you can get them for abuse. You won't prove shit about the jailhouse. Mainly b/c all those cops pack eachother's fudge. And they will all go to bat for one another, so just give that up right now.

On a more Serious note, whoever your legal guardian is. Have he/she call the police barracks and get a copy of the police report asap. Your lawyer will need it to prove your innocence. They will also need your testimony, as well as your friends. And since they have no proof, and BAC sobriety tests never hold up in court you will most likely walk. Also, since you're a juvenile and the cop knows he was in the wrong, the cocksucker probably won't even show up to the courthouse.

Moral of the story, Don't be a cop. They are all fucking gay.

[Decadence]

Your lawyer will need it to prove your innocence.


...as sad and unjust as that may seem, that's the truth.

[Malignancy]

Btw im only 17, if that matters.

A friend and I got bored last night at around 12 , so we walked to the only place that was still opne (Wal-Mart) to get something to eat. Its about a 2 hour walk to get there and back.

On the way back , like 10 minutes form my house, 2 cops come rushing at as and jump out of the car yelling asking what we are doing. I told them just walking home, but they kept screaming asking us if we were doing drugs and crap. I said no, but they kept asking over and over and I was getting a little pissed since I just got done walking for almost 2 hours and was really fucking tired and they wouldnt let us leave.

I starting mouthing off to them , and they handcuffed me and my friend. They started searching me without my permission (which im pretty sure wasnt legal), and took my wallet, sweater, and drink I just paid $2 for. I got extremely pissed and started yelling at them, so they threw my friend and I in the back of the cop cars and took us to jail. I kept yelling at her asking us what the fuck we were getting arrested for but they wouldnt tell me.

When we got to jail, The asshole jailor there pushed me around for no damn reason while I was cuffed and made me get a big ass cut on my finger which they wouldnt do shit about. They also searched us again, and made us take off everything but our socks, a shirt and shorts. We spent over 12 hours in jail with them refusing to tell us what we did or how long we had to stay there. I didnt get to call anyone, and they didnt feed us.

When they finally let us out, they gave us both a paper that said we had to be in court April 6th and pay $250 for public intoxication. WTF? We didnt have an OUNCE of fucking alchohol in our body. They didnt give us any type of sobriety test or read us our rights either.

They also STOLE my fucking sweater, saying "If its not in your property bag , your shit out of luck."

Is this kind of shit legal? And what the fuck can I do? Im sure as hell not paying $250 for fucking WALKING home.

It's not legal, but it happens every day. Most people unfortunately do not have the cashflow to fight this sort of thing. Hopefully you'll find a halfway decent lawyer that at least can remove the violation from your record (in NY, its a disorderly conduct is a criminal violation) so you won't have to admit to it on every job interview you go on or risk being blacklisted. Btw, when looking for an attorney, if anyone wants to charge you ANYTHING up front - get the fuck out of that office. Any lawyer worth his weight will hear your case and discuss it with you before asking for a retainer. I feel bad for you man, but this is the type of shit a lot of people have to go through every single day. Good luck.



EC

[Stoffer]

What's this curfew thing? Does it mean like no one in town can exit their houses after a certain hour?

[SnakkpackJihads]

Thats pretty fucked man, but get a lawyer and get the fine thrown out so it doesnt go on your record. If they didn't test you, they're fucked in that matter.
they're fucked anyhow if you tell the judge they didn't read you you're miranda rights, Miranda rights are the biggest load of bullshit ( you asstards should know your god damn rights or not have them at all, its a responsibility). People have actually gotten away with stealing, gta, and kidnapping, for not having their miranda rights read to them when police caught them.

(Btw asstards is referring to those of you who don't have at least a base idea of what your rights are)

Also, curfew is a time posted where if you are out past this time under the age of 18 (in most states) you can get in trouble, escorted home by the police, whatever. If you are driving a car then you probably won't get pulled over or in trouble anyhow, but most of the people who are out walking in the middle of the night are usually getting high (Or already high) or drunk.

[Stoffer]

Also, curfew is a time posted where if you are out past this time under the age of 18 (in most states) you can get in trouble, escorted home by the police, whatever. If you are driving a car then you probably won't get pulled over or in trouble anyhow, but most of the people who are out walking in the middle of the night are usually getting high (Or already high) or drunk.

Or as in dempigs case, getting a soda. I think it's pretty insane that you can confine people to their homes actually.

[Dempig]

Well sounds like im screwed =/

I dont have the money to actually pay for a lawyer if they cost around $500 like you guys said, and niether does my mom. Thanks for all of the advice though guys.

[SnakkpackJihads]

Or as in dempigs case, getting a soda. I think it's pretty insane that you can confine people to their homes actually.
only if they are under 18 in most places, sometimes its different.

In europe i understand a lot of countries allow drinking before driving, from what iv extorted out of exchange students they usually get sick of vomitting by the time they can drive, in america its different, so drunk driving etc. is a pretty big problem here. Maybe we're just dumber.

[Stoffer]

Oh no, we don't allow drinking and driving, but we don't have curfews, that's friggin nazi.

[Malignancy]

Well sounds like im screwed =/

I dont have the money to actually pay for a lawyer if they cost around $500 like you guys said, and niether does my mom. Thanks for all of the advice though guys.

You may still be entitled to a public defender (although for a violation, that may not be true in Texas) or you can defend yourself. I would never recommend defending oneself in any situation, but if you clearly don't have the money, then it's better than nothing.

Things you should ask for or do (or make sure your public defender asks for):

(1) Video tape of the arrest (most cop cars have running video)
(2) Alcohol/drug test results (how can the say you were drunk if they never tested you?)
(3) Deposition of all officers involved - ask the right questions, make them fuck up their lies. Ask them to demonstrate what "reasonable suspicion" or "probable cause" they had for stopping you in the first place.
(4) File a civil suit against them for wrongful imprisonment. Fuck them, you may be able to recover, particularly if you are aquitted.

EC

[Decadence]

You may still be entitled to a public defender (although for a violation, that may not be true in Texas) or you can defend yourself. I would never recommend defending oneself in any situation, but if you clearly don't have the money, then it's better than nothing.

Things you should ask for or do (or make sure your public defender asks for):

(1) Video tape of the arrest (most cop cars have running video)
(2) Alcohol/drug test results (how can the say you were drunk if they never tested you?)
(3) Deposition of all officers involved - ask the right questions, make them fuck up their lies. Ask them to demonstrate what "reasonable suspicion" or "probable cause" they had for stopping you in the first place.
(4) File a civil suit against them for wrongful imprisonment. Fuck them, you may be able to recover, particularly if you are aquitted.

EC


Agreed with the above, and as stated previously, you should be able to get a free consultation with a layer or several different lawyers.

You should not speak to any lawyer who tried to change you on just speaking to you about your case or discussing it the first time. Typically they will see you for the initial visit for 30 minutes to 1 hour for free. This is something you find our when you call them to see if you want to schedule an appointment. If that initial visit is not free, do not see them.

...and you may be entitled to a free public defender, but I am not sure what circumstances would warrant that.

If you are really hurting for money, and depending upon your financial situation (and/or your legal guardians) you might be able to get help from such organizations as....

Volunteer Lawyers Program
Legal Aid Society
Legal Advice Clinics


...furthermore, even if they cannot help, they may be able to point you in another direction.

[Dempig]

Thanks for the help and support guys. A few questions though.

Who do i contact to get the video tapes and reports and such? And do they HAVE to give them to me? I also do not know the arresting officers names , I asked her numerous times but she just replied "You can call me Officer". And how would I find out if I am able to get a free puclib defender?

Thanks again guys. I really appreciate it.

[Decadence]

Thanks for the help and support guys. A few questions though.

Who do i contact to get the video tapes and reports and such? And do they HAVE to give them to me? I also do not know the arresting officers names , I asked her numerous times but she just replied "You can call me Officer". And how would I find out if I am able to get a free puclib defender?

Thanks again guys. I really appreciate it.


First, that charge that you have and the date set is more than likely just for you to plea guilty or not guilty. That's probly not the actualy trial/hearing. However, you need to read over whatever it was that they gave you.

There is probly a number there too for you to call.
Call that number.

If not, then you could call the police department that you were taken to, and ask them about your change such as...

...is that date for you to plea, or is that the actualy hearing
...how can you get a copy of the report/change or why they changed you (see Malignacy's post)

...who was the office (I would think you should be able to see who the officer was by reading that charge).



Also take the time to write down what took place (step-by-step) because the more time that goes by you will forget specifics.

Have your friend do the same.

As for legal aide, you'd have to contact/look in the yellow pages and or goto the courthouse and ask them about legal aide/representation.

Unless you are dirt poor, you will probly not qualify to free legal aide/representation; however, that should not stop you from looking because they might be able to give you the name of a lawyer who is not expensive and can accomplish what you want....Get that shit taken off.


Regardless, you should definitely call many layers and ask if they give free consultation since you are wanting to talk to them about a PI charge that you have.

[Salorf]

Your lawyer will be able to get the discovery (video) for you, the video camera comes on when they hit their lights on. thats a really fucked up situation there, i thought what happened to me for .09 grams of pot was intense but this shit is whack

I havent read the whole thread but definitely get yourself a good lawyer, not a public defender (they work for the state not for you). I just dont get how you were publicly intoxicated when they didnt even breathalyze you or anything.

edit: and dude, dont make any phone calls or do anything regarding your court date or case until you talk to a lawyer. If you choose him to represent you, he will take care of that. Ive been thru court enough times to know that if I do anything myself, I will most likely just screw myself over.

edit 2: really man, do not get a public defender and do not represent yourself. plenty of lawyers have free consultations and if they feel strong about representing you, they will do it pro bono (no fee). A lot of themw ill work on the price or a payment plan, because a lawyer will not be $500, it will be at least $1500-$2500. Look around and talk to them about prices and payment plans and stuff before you get a public defender, everyone i know except one person has not gotten any help from a public defender and the one person i know who was helped, was actually helped. So there are some good ones out there it is just finding a good PD

[Tareslaeyn]

Serious why the hell would you walk somewhere that's two hours away ?? Thats like me walking all the way to Columbus from Westlake,Ohio. I couldn't imagine walking that far just to grab a fruit pie and a soda.

Couldn't you just go to your house or your friends,and hit the fridge ??? Come on dude a two hour walk to grab a snack ?

[Dempig]

Heres a picture of the paper they gave me (it only uploaded halfway for some reason , but theres not really anything on the other half of the paper anyway, just my signature)

http://img.photobucket.com/albums/v292/throwedtexasg/a16a86ef.jpg

The only other paper they gave me just listed the belongings I had on me when I was arrested. I guess the court date is just for me to plea whatever. Well im gonna start looking around for a lawyer who will handle this for free or cheap, because we honestly cannot afford much of anything. My mom only makes about $1300 a month, plus we arnt getting child support anymore after this month so yeah =P Thanks once again for the advice guys.

Tare , We were bored sitting at home. Besides, Walking isnt really a problem for me , I do it all the time due to the fact that I have no car or lisence. I find it much more fun then sitting at home all day.

[Salorf]

lol, they call their cops "peace officers"?

[Malignancy]

Heres a picture of the paper they gave me (it only uploaded halfway for some reason , but theres not really anything on the other half of the paper anyway, just my signature)

http://img.photobucket.com/albums/v292/throwedtexasg/a16a86ef.jpg

The only other paper they gave me just listed the belongings I had on me when I was arrested. I guess the court date is just for me to plea whatever. Well im gonna start looking around for a lawyer who will handle this for free or cheap, because we honestly cannot afford much of anything. My mom only makes about $1300 a month, plus we arnt getting child support anymore after this month so yeah =P Thanks once again for the advice guys.

Tare , We were bored sitting at home. Besides, Walking isnt really a problem for me , I do it all the time due to the fact that I have no car or lisence. I find it much more fun then sitting at home all day.

Listen man, this is more serious than I previously had thought. I do not practice law in Texas, but the "summons" you posted states that you are being charged with a misdemeanor which at least in New York means that you can actually be sent to jail for a year or less. This is not a violation (like a parking ticket) where all you will face is a fine. You should be entitled to counsel if you cannot pay for one, so make sure that you ask that question to the judge on your arraignment. Do NOT fail to appear at the time specified on the summons. Do NOT call the police and ask them any questions - they're selfish sadistic idiots anyways. Call the Court specified on the summons if you have any questions. At least in New York, they're usually very friendly towards non-lawyers. Be extra POLITE (almost subservient) to everyone you speak to-hopefully they'll help you through the process which can be very confusing to non-lawyers.

Good luck man, and take this shit seriously. If Texas is anything like New York, this is a more serious charge - its not just a violation.

EC

[Decadence]

I was doing searches for you and these are some of the things I came up with:

NOTE: I think #1 and #2 might be your best two starting options. I'd use those first as they may be able to help you and if not, give you a direction to proceed.

I was doing searches juggling around these words in different orders:

Killeen
Municipal
Court
Bell
County
Texas
Legal
Aid


#1
Texas Pro Bono Projects
http://www.lad.org/TPJ/04/probonoproj.html

--Bell County/Belton:

A. Volunteer Legal Services (817) 939-5773


###################################

#2
Texas Rural Legal Aid
http://www.volunteersolutions.org/austin/org/213794.html

###################################

#3
Texas Lawyers & Attorneys Less $1 a Day
http://www.yourbestlawfirm.com/attorney/tx/Texas.html


###################################

#4
LegalMatch.com
http://www.legalmatch.com/bd/intro1.html

###################################

#5
Legal Help USA
http://www.my-law-firm.com/ss/show.php/CA/Bell.html

###################################

[Astoron]

I also live in Texas and had the same thing happen to me but they said I dope on me. Heres what happend. I went to court. The judge asked me how did I pleed and if I undstood the charges. I told "I have no idea why im here" "All I know is I wasn't read my rights and was just walking home from getting some food". The next step is the judge will tell you to get a lawyer or one will be appointed for you, you will get another court date. You get a lawyer and the lawyer will push back the case over and over until the charges get dismissed because the cops wont ever come to court. Sure you will be out some cash but thats sure ass hell better than doing community service and havign probation.

[Sollannixxix]

they're fucked anyhow if you tell the judge they didn't read you you're miranda rights, Miranda rights are the biggest load of bullshit ( you asstards should know your god damn rights or not have them at all, its a responsibility). People have actually gotten away with stealing, gta, and kidnapping, for not having their miranda rights read to them when police caught them.

It's my understanding that Miranda rights are not as important as they used to be. A few years ago a Supreme Court case decision (I don't recall the name) made it unneccessary for Miranda rights to strictly be read in all circumstances. It seems to be another example of an erosion of the "fruit of the poisonous tree" doctrine where tainted evidence and all evidence found as a result is inadmissible in court.

If you are unable to get a public defender, I'd recommend checking out many law school clinics. These are mostly third year law students who will be able to legally represent you for free. In exchange, they get exposure to practice their skills in court. An easy way to find these would be to just get online and start looking up the websites for law schools in your state. These law school websites should have links to the specific websites for the clinics. Next, make some phone calls to the clininc or even go and talk to them personally and explain your case.

Many officers will usually look for a pretext to arrest you if they feel you are being disrespectful. I guess it's some kind of power thing. I was once arrested for swearing in front of a cop. I didn't even swear at him personally, but just cursed out loud at the totally bogus pretext he had for pulling me over. The officer said I was being arrested for a "breach of the peace". After having been "taken downtown", the cop was explaining the reason to the person checking me in for my being arrested. The check-in cop said, "That's a class three misdemeanor, you can't arrest people for that." The moron who arrested me then said, "Oh yeah, I've done it before." I hired a lawyer for about $750 who was able to get this charge dropped. There are many cops who are good, but there is a horribly large number who are total assholes and unintelligent. If you mess with these, they will usually do petty stuff to try and screw you over.

You definitelt need to do everything in your power to get this resolved immediately, as no one needs having some bullshit like this following them around. Fortunately, you may be young enough that records will be sealed so you won't have to explain this on job applications or in interviews.


Soll

[Dempig]

Thanks again for all the replies and advice guys, I really appreciate it. I'll let you all know what happens.

[Salorf]

you definitely wanna do everything you can because, as mal said, a misdemeanor in NJ is also punishable by a year or less in county jail. you really dont wanna get screwed for getting a soda.

just remember man, everything happens for areason. maybe youll meet the girlie of your dreams in court! or someting less obvious could come out of it

[PureKovak]

This sort of shit is why I will never live in a hick state/city ever again. While living in downstate Illinois I had cops fuck with me TWICE for dumbest reasons, once I was pulled over for taking a turn "too fast" and I was actually thrown in jail for it because I argued with the cop. I called a friend IMMEDIATELY to come bail me out and the fuckers held me for over three hours after my friend showed up with the bail money when the fucking jail was EMPTY and they were sitting on their asses. Another time I was arguing with a friend and this cop yelled at me to "come here" and when I shouted back at him "why? what did I do?" he fucking grabbed me, cuffed me, and threw me in his car. At that point I realized I should just shut my mouth and tell him what he wants to hear so I don't have to spend another 5 hours in jail. Now that I live in Chicago cops have _never_ fucked with me like that, I once ran a red light and the cop was cool once he could see I was just a regular guy in a hurry.

The lesson here is NEVER argue with a cop, it doesn't matter if you're right, NEVER argue with them, it will only result in bad shit happening to you (fines, night in jail, stolen shit, possible beating) I can't stress this enough, don't be a smart ass and don't argue with them no matter how much you want to, it will save you a lot of trouble in the end. Cops have big egos they need to protect, anytime you argue with them you're just asking to be fucked up.

[age]

Just a little bit of advice.

Next time you talk to a police officer, be respectful, and polite.

While you might want to mouth off, suppress that urge.

Police Officers generally go out of their way to help people out that are polite to them.

Police Officers also deal with lots of Aholes. If you are polite and nice to them, they will not categorize you as an Ahole. When you are categorized as an Ahole though, the police officers will instantly react. They are going to search you, look for a reason to arrest you, and give back attitude.

While you might think my advice to be moot, the next time you are jailed, you might get put in a cell with some ex-con AIDS just looking for some juicy boy to get turned into a pincushion. Think I am joking?

Read this http://www.spr.org/

[Dempig]

yeah...I dunno tho I just extremely dislike authority figures and especially people that think they are tough shit because they think they are "superior" over normal people (ie cops, military people, etc)(no offense if anyone of you guys are a cop or military dude). Just because they are fucking cops they think they can walk all over everyone else, and it REALLY REALLY pisses me off. Hell if I wasnt cuffed, id of prolly took a swing at the cop who kept pushing me for no fucking reason.

hah i was supposed to pay them by like the beginning of May I think it was and still havnt.

Btw i was in jail not prison =P But then again, the jailors were dicks and probably wouldnt of done shit anyway even if someone was getting raped.

[Malignancy]

hah i was supposed to pay them by like the beginning of May I think it was and still havnt.



Uh, if the court sets a specific date for payment of a fine and you fail to pay on or before that date, your failure to pay is usually considered a plea violation. What this means is the court will issue a warrant out for your arrest and you can face the same charges you started with except for the fact that the court will use your prior plea against you. You'll also face additional charges for your failure to appear and additional fines.

A friend of mine had this happen and I had to represent his punkass. He was arrested for driving without a license and no insurance (a low level misdemeanor). He appeared, the DA reduced the charges to violations and gave him 30 days to pay the fine. He didn't pay and a few months later they came to his house and arrested him as a "scofflaw". They charged him with an another misdemeanor and held him on $10,000 bail. Luckily he had cash for bail or he would've been in the County Jail for 3 months until his trial...

Moral of the story - pay the fine. The government will not lose against you.

EC

[Dempig]

Shrug, even if I wanted to, I dont have the money to pay them.