Arrest question

[Drizzl211]

wisconsin- If my case was already done and over with, but at no time did I ever get read my rights or and no time when I was speaking with the officer did feel that I couldn't leave and the officer even old me I was free to go whenever and didnt have to make a statement if I didnt want to, but then when my case was over it was stated in the paper that I was arrested and it is also stated that way online on their website but I dont feel I was ever really arrested. I am wondering if I could possibly sue for something.

 

[JETX]

"but then when my case was over"
*** What makes you think it is over?? What were detained for?? Were you transported to the police station or jail??
Was your picture taken?? Were you fingerprinted??

"I am wondering if I could possibly sue for something."
Why do you think you were not arrested and/or charged??

 

[Drizzl211]

Ok what happened was I ran a website like girls gone wild style or whatever and a picture was taken by my friend at a party and I posted it and it turned out that one girl showing her boobs was 17 and the cops got wind of it and called me and told me to come in and talk to them. I did and I ended up being charged with sexual exploitation of a child and in the end I got community service and a year probation and my charge was changed to disorderly conduct and when I complete my community service it will be dropped all together (off my record). In the paper though it said I was arrested and on their website it says the same thing. At no time was I fingerprinted no picture was taken and I was never detained by them or told my miranda rights. I hope that gives you a better picture.

 

[JETX]

"Ok what happened was I ran a website like girls gone wild style or whatever and a picture was taken by my friend at a party and I posted it and it turned out that one girl showing her boobs was 17"
*** Strike ONE!

"and the cops got wind of it and called me and told me to come in and talk to them."
*** Strike TWO!!

"I did and I ended up being charged with sexual exploitation of a child and in the end I got community service and a year probation and my charge was changed to disorderly conduct and when I complete my community service it will be dropped all together (off my record)."
*** And.... Strike THREE!!!
Clearly, you were arrested, charged and pled guilty to a reduced charge.

"In the paper though it said I was arrested and on their website it says the same thing."
*** Because you were.

"At no time was I fingerprinted no picture was taken and I was never detained by them"
*** Yes you were. Your post says that you were charged. I think you are confused about the fact that you may not have actually been put in lockup as indicating you were not arrested.

"or told my miranda rights."
*** You were probably told your rights went you went to talk with them.

"I hope that gives you a better picture."
*** No pun intended, right???

 

[Drizzl211]

Well clearly you are a good comedian, but honestly I was never read my rights, never did he say that I was under arrest, never did I get fingerprinted, never did he even say that I was going to need a lawyer I figured that out myself the day before my first hearing, never did they take my picture, so unless they don't take fingerprints or pictures of people when they are arrested then I guess you are right.

 

[JETX]

arrest
v. 1) to take or hold a suspected criminal with legal authority, as by a law enforcement officer. An arrest may be made legally based on a warrant issued by a court after receiving a sworn statement of probable cause to believe there has been a crime committed by this person, for an apparent crime committed in the presence of the arresting officer, or upon probable cause to believe a crime has been committed by that person. Once the arrest has been made, the officer must give the arrestee his/her rights ("Miranda rights") at the first practical moment, and either cite the person to appear in court or bring him/her in to jail. A person arrested must be brought before a judge for arraignment in a short time (e.g. within two business days), and have his/her bail set.

 

[loocpoc]

Well clearly you are a good comedian, but honestly I was never read my rights, never did he say that I was under arrest, never did I get fingerprinted, never did he even say that I was going to need a lawyer I figured that out myself the day before my first hearing, never did they take my picture, so unless they don't take fingerprints or pictures of people when they are arrested then I guess you are right.

You dont need to be "booked" on order to be arrested. If you were given a traffic ticket under Wisconsin law or a citation you were technically arrested.

Were you ever put before a judge for bond? There just seems to be points missing from your story.

If the officer never stated you were under arrest while questioning then there is no need to have your rights read as at the time you were not arrested.

 

[Drizzl211]

I was never put before a judge for bond. I went in and told him what happened and he said ok well thanks heres when you when you are to appear in court. When he gave me that it said at the top time of arrest, and I asked him and he goes oh that thats just for paperwork. So I dont know it was just a really weird situation.

 

[TYRIS]

I was never put before a judge for bond. I went in and told him what happened and he said ok well thanks heres when you when you are to appear in court. When he gave me that it said at the top time of arrest, and I asked him and he goes oh that thats just for paperwork. So I dont know it was just a really weird situation.

- it sounds like you were given a citation with a court date. technically that is an arrest. when the officer advised you that you were free to leave at anytime and did not have to answer any questions, he probably also told you that you were not under arrest at that time. its called a behueler (sp?) admonishment. you were not detained, therefore miranda did not apply.

after you gave a statement, the officer probably believed he had enough probable cause to arrest you and issue you a citation.

Tyris

 

[Drizzl211]

OK with all that said if what I was arrested for was a class c felony which it was they still shouldn't like take my fingerprints or anything??? I am just curious.

 

[JETX]

Lets close this....
1) You WERE arrested.
2) You WERE charged.
3) You pled GUILTY (to a reduced charge).

Those are the FACTS. Accept it and get on with your life.

Oh, and no, you CANNOT "possibly sue for something".