NEED LEGAL ADVICE QUICK I WAS DETAINED AND QUESTIONED

[new2funguy]

so very early this mornig i stopped by the local store on my way to college . i stopped in hopes of catching the store manager as he came in to open the store. he had recently told me he would hire me so i figured i would wait around for a few to see if he showed.

while waiting, i looked across the street to see someone who didnt belong getting into a car that wasnt theres. i got outta my truck and peered over the sharp shrubs to see a crime in progress. i said stop, they ran, then i walked/jogged over to the scene. i seen some glass and stuff, so i ran back to my truck to get my phone. while running to my truck to get my phone, the owner showed up and asked me why i was running, i said, call 911 or the cops because i just run off someone who was trying to break in a car. i knew this guy b/c he was a previous manager at that particular property. so we both caled the cops.


now this is the problem: when the cops showed up, i gave them a description, while giving description, one cop said i had blood on my hand. i looked down at my hand and it was blood, but it looked like a tiny needle pin prick that let out a single drop which smeared. Then i remembered, the shrubs had to have ben what pricked me. it was too late, they said hands behind your back.!! i was like wtf, thats a prick from a shrub. another cop said, quick, get a picture of that. it looked bad because the droplet smeared, but now i cant even find the prick on my hand 12 hours later. i dont think he got a pic of my smeared pin prick, but who knows. the asshole cop even took a picture of me with his digital camera. how and why did he take my picture????????

then they read me rights and threw me in a car. the whole time i was telling them that they were making a mistake, that i was only helping, that the person isnt me. they all acted like i was a liar, and continued to question me. they asked to search my truck, and i said yes, sure by all means. After looking around for the stolen radio from the truck and never finding it anywhere, they released me. One cop had the nerve to tell me i was detained and guilty until he finds me innocent. this same cop looked me in the eye when they let me go and said" i know you did it, if i could find that radio, you would go to jail" then i said, why did you all mistreat me like this, one cop apologized and said he was sorry if i felt i was mistreated. One sympathetic cop, one hateful cop. they asked the owner of the vehicle if they wanted to press charges, he said not unless there is a flaming gun"good evidence" as i left, i was told the DA may still choose to arrest me by the hateful accusing cop.


what i need to know is, if they didnt arrest me, then why on earth would the da want me arrested? if they had proof i committed the act, wouldnt i be in jail? did the cop say this to me to threaten me and make me feel uneasy?

also, does the da really want to pursue a case where there is no hard evidence and the crime is under 500 bucks?


do cops say these things as scare tactics?

if they really thought i did it, wouldnt they have arrested me?

why detain me in cuffs andin a cop car for an hour only tolet me go?

i told them i am graduating college with a degree in cj in two weeks. they asked my professor's names and i agve them.

did they let me go because they believed me or because they didnt have physical evidence? do you think the da's office will really try to come after me? if they do, what should i do? how would they approach me?


or is it all over with from the moment the cop let me go? i gave him my number, and they got reports from others, but didnt even take my witness report of what happened. what should i do, just chill or wait for the da to come knocking?


i live in a fairly large town where the cops have a lot to deal with.
now.... i am sittin

[Hippie3]

chill.
they got nothing,
and that's why you're free now.

[ShroomGuerilla]

Launch an official police complaint. The ACLU - American Civil Liberties Union - has all of the info you need to pursue mistreatment cases. Even if you have no plans of fully "jamming your foot up a police department's ass", report your case to the ACLU and the department will surely get a call or a fax or something, thus that asshole fascist thats accusing you will cower down into his hole where he belongs. I know from experience, when I lived in the US, on several different occasions I have been "stylistically profiled" as being a drug user, each case was jammed back up their tight rectums or and never pursued. Just cause I look like a pot-smoking hippie don't allow them to treat me like an convict.

[new2funguy]

thanx hip, can u believe they said i was guilty until proven innocent? they searched for a radio for an hour while i sat embarrassed in a cop car. now people think i am a criminal. they tried to use a pin prick smear picture. as a picture, it would look bad, but up close it was invisible. they tried to make it look incriminating by way of photo manipulation.


you think the da would really try to get me, or is that bs? if the cops cant even arrest me, how in the hell can the da ever begin to build a case on me? do da's waste time building cases over missing radios and broken glass?


i know how much pressure da's are under to get convictions. i also know how police will lie to get arrests. There are a ot of innocent in jail, a huge percentage.


wll the cops just put the reports away for storage, or will they cops all sit down with the da and talk about the best way to try to get me?

[BIG M]

The police
use a disproportionant amount of ignorant tactics to elicit imformation from innocent people in order to have them incriminate people because of fear a good base knowledge of the law and your rights is the best defense + always keep a kool head

[AmBe]

he was just trying to be a prick when he mentioned the DA at the end

he knew it was all he could do to piss you off since he couldn't bust you

[BobS346]

I am not a huge fan of police. In fact, I spent most of the last years defending people in criminal cases (I have left the practice of law and am going back to school to be a nurse practicioner). 20 years ago I was also a police officer. I can tell you one thing, as a cop, you get used to be lied to. It happens with almost everyone you deal with, even decent upstanding citizens frequently lie when you pull them over for speeding. Hell, I lie when I get pulled over for speeding! So the fact that they didn't believe you at first isn't surprising. It sounds like the one cop decided you did it, and the facts aren't going to dissuade him. The other one sounds more reasonable, and the facts just don't add up for you neing the perpetrator.

I don't know what things are like where you are, but here almost every case gets reviewed by a DA if there is a potential suspect. They don't have to arrest you rigth away, and as a matter of fact, more people are summoned into court to defend themselves than are arrested at the time of the offense or interview. That is not to say you have anything to worry, especially if one of the cops was apologizing for detaining you.

You are certainly able to file a complaint, but I really doubt if it would go anywhere. They certainly (IMO) had a basis to detain you. You were seen runnign away from a vehicle that had been broken into, and had blood on your hand with broken glass at the scene. Honestly, I would haev been suspicious that you had done it also. Sometimes the best defense isn't to keep running, but to turn around and act like you were there to help. I am NOT saying that is what happened, I am just saying the cops have seen it happen before.

I am sure Hippie is right that there is nothing to worry about. No evidence means no conviction, and DAs need their conviction rates to stay up.

Relax, put it behind you, and move on. My guess is the only way you will hear anything more about it is if they need you as a witness.

[nodnarb1978]

I read what you went thru! Good cop bad cop bullshit.. But a little advice. Never never never NEVER give a cop permission to search your vehicle. If they had probable cause they wouldn't have to ask.

[BobS346]

Actually, normally they will still ask here. It is easier to have consent than to have to prove probable cause at a hearing. Please note the "here". I can't say what it is like in other states.

[Eager]

Sorry to hear about your experience,
I have been through something similar more than once and I fear I've been on the other end as well.
People do the best they can, even cops.
Just try to be the one who keeps the peace is all I can say...

[new2funguy]

it has been over 24 hours now and still no calls or stops by my place. the damage was prollally under 500, if the cops let me go, whats the chance of a da wanting me summoned? the owner of the truck is a fortune 500 company. the owner/managment probably could care less. they dont want sued for accusing me right??


come on guys, post now

[Hippie3]

you can't sue them unless you can prove they knew it wasn't you but prosecuted you any way.
.............................
insurance will pay the damages, most likely.
i'd say it's very unlikely that any DA would
decide to prosecute such a minor case .
but
just use the time to save a few bucks
in case you need a lawyer.

[new2funguy]

say i was charged, i think the laws here overseas are like those in tennessee. Theft under 500 is a misdameanor. Window and labor 250-300 radio 100-150, maybe 200 at most. That is a misdeameanor i think. will 5 grand get me a good lawyer?

[new2funguy]

for slander b/c there isnt enough evidence. they asked him to press charges and he said no not unless there is conclusive evidence. he did that to cover his ass and the company. if they found conclusive evidence, wouldnt i know by now? they were sweeping shit up as i left so i know they werent pulling fibers.

[Hippie3]

it's not the victim's job nor responsibility to collect/assess evidence.
it's a circumstantial case
but that's not slander.
if you do find a lawyer who'll take your case,
doubtful,
it'll be pay-up-front as he knows he'll lose.
good luck with that.

[Hippie3]

Originally Posted by new2funguy

say i was charged, i think the laws here overseas are like those in tennessee. Theft under 500 is a misdameanor. Window and labor 250-300 radio 100-150, maybe 200 at most. That is a misdeameanor i think. will 5 grand get me a good lawyer?

that could easily exceed $500
but i wouldn't worry
until they slap on the cuffs.

[new2funguy]

if they were gonna do something, how long before i hear?

[malefacter]

sounds like the cops were trying to intimidate you into making a mistake keeping a cool head is the only way to deal with police

[new2funguy]

NO NO, not my local da, a former da. he told me a retainer wouldnt be a bad idea, but it sounds like its all circumstancial and the da wil probably not want a case he cant win... convition rates need to be high, there are more serious shit, resources are precious, i have a pretty clean record, and everthing is circumstancial at this point. he said i did have my freedom deprived when i was handcuffed and detained for an hour. he said that can be a federal crime. he said the case will probably go nowhere.

what do you think. lets prcatice our legal rights concepts here!

[Hippie3]

lawyers aren't free.

[BobS346]

Like I said before, I think you should just try to forget about it. I can think of absolutely no way you could sue the company or the guy who had the vehicle if you get prosecuted by the state. It isn't up to them to prosecute, it is up to the DA. And it can only be slander if he knowingly made a false statement. It doesn't sound like he said anything other than he didn't want it pursued against you unless they had good evidence. He could have said he wanted you prosecuted to the fullest extent of the law and you still wouldn't be able to sue him, because that isn't a false statement, just his opinion. Now, if he told them he saw you do it, and you didn't, then you could have a case against him. of course, the burden would then be on you to prove that you didn't, adn that he knew you didn't.

Hippie is right, lawyers aren't free, and the only way you could get one to pursue a civil case is on an hourly basis, because he or she would know that is the only he/she would make any money on it.

As far as retaining an attorney for the criminal side, why? There are no charges pending. They haven't talked to you again. I would be very surprised if any charges ever came of it. There is no evidence. If it give you piece of mind, go ahead and blow $5000 on a retainer fee, but they are normally non-refundable, so in all probability you will be paying for nothing but making yourself feel better.

Listen to the people on here (I am new, so no one can really say much about what kind of person I am or if I am just full of shit, so listen to the other ones if you want to) and mellow out about it. Put it behind you, and forget about it.

Not that this will help, but here in WI I have seen people get charged up to 3 years after a misdemeanor offense.

[new2funguy]

after the cops rolled out, one cop in particular stayed parked in the are for a few hours... why? was he writing a report to the da reccomending my arrest? like i said, i contaminated the crime scene by accident. If they found more evidence after they let me go, wouoldnt they have put out a warrent and notified me by the number i gave them/? how quick do da's get to these things? it was 7 am thursday morn. that gave them all day thur and all day fri. if they wanted me, wouldnt they at least make an effort to get me in there before interests are lost? i mean, they let me go and the cop said "if i could find the radio, i would take you to jail" then i was asked where my parents were???wtf?? then i told the cops that was messed up and i need to call my parentsbc i feel violated and need advice... and the nicer cop said" do your parents keep a lawyer on retainer"? i said yes b/c i didnt want to seem like an easy target(no money for adequate defense)

one lawyer told me on the phone he could gaurentee it stay in sessions court, probably theft under 500 and have it expunged for 2000.00, but he said he doubts it will come to that. why did the cop say the da may pursue me? hell the cops didnt even take me to jail and they sure acted like they wanted me bad.

I am waiting for a knock at the door

ps: if i am charged, whats the worst for a first time offense theft under 500 misdeameanor?

[new2funguy]

the cop didnt apologize for detaining me, he apologized that i felt mistreated and i asked him for the other cops names, was that bad? and they didnt even get a formal statement from me!

[new2funguy]

do they pull fibers and send shit off for print testing in a case where the amount of damage is 500 or less? or is that technology reserved for serious shit . i have heard there are budgets and unless it is seious, they usually dont go through all that, also i had a former detective tell me he had hundreds of arrests and he only used fingerprints to get one guy out of 1000 arrested. sounds like prints are a waste and cops are too lazy.? what do you all think??????????

[warriorsoul]

All your worrying about fibers and prints makes me think you had something to do with it..

BTW. I never got your x-mas exchange gift, nor a response to several emails i sent you about it.
good luck!

[TVCasualty]

Originally Posted by new2funguy

ps: if i am charged, whats the worst for a first time offense theft under 500 misdeameanor?

Having your hand cut off would be the worst, but that depends on where you are. It's unclear from the thread if you're in the US or overseas, and since laws and punishments differ so much it's impossible to say what the "worst" would be. I hope you're not in Saudi Arabia...

[Hippie3]

Originally Posted by warriorsoul

All your worrying about fibers and prints makes me think you had something to do with it..

BTW. I never got your x-mas exchange gift, nor a response to several emails i sent you about it.
good luck!

i agree,
more and more this 'innocent' man starts to sound guilty.

[BobS346]

I agree with Hippie and Warrior, the more you talk the more guilty you seem. Whether you are guilty or not, it doesn't sound like you have anything to worry about. Try to forget about it. Follow EVERYONE's advice, and get on with your life. Unless something really surprising comes up, this will probably be my last post in this thread.

[TVCasualty]

Originally Posted by Hippie3

i agree,
more and more this 'innocent' man starts to sound guilty.

This thread has become a great illustration of why the very best option is always to say as little as possible in any context, and especially to the police!


I chased a guy who stole a $500 Stihl leafblower off my friend's truck once, but he got away. My friend called the cops, and when an officer showed up, he immediately asked for my friend's proof of insurance and driver's license! That fat lazy pig didn't even get out of his car the entire time. I think he was just trying to discourage the reporting of crimes, frankly. I heard more stories like that since then, and I've begun to strongly suspect that that's what was going on where I live, since I live in a particularly crime-ridden city (in the top-10 for murder! Yay!). I guess this was off-topic though, since we were actually innocent.

[farmerjohncc]

Originally Posted by warriorsoul

All your worrying about fibers and prints makes me think you had something to do with it..

BTW. I never got your x-mas exchange gift, nor a response to several emails i sent you about it.
good luck!

OUCH!

[steeq]

Originally Posted by TVCasualty

I guess this was off-topic though, since we were actually innocent.

Hilarious. Agreed

[rocketman]

bet if you go by the crime scene you can find the stereo in those bushes he was talking about.