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was arrested

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turbochargedv8

Junior Member
What is the name of your state (only U.S. law)? LOUISIANA

I was downtown drinking one night and was arrested. I was drinking a beer outside a bar and a cop pulls up and asks for my license. After he checks it he runs it through his system which pisses me off because i wasnt informed i did anything wrong.

Once he gives it back I snatch it from him and he pushs me against his car and starts searching me. I ask why am I being searched and he says you must want to go to jail. I ask for what he states open container. I say really i didnt know this was agaist the law.

After he hassles me more i tell him take me to jail then. I ask him to read me my rights on the way to the jail and he says you have the right to remain silent and i said keep going and he didnt. I then ask what im being charged with and he tells me open container of alcohol, disturbing the peace by intoxication, disturbing the peace by loud and abusive language.
I was mouthing off to him and his partner on the way to jail and they made a few comments and i was charged with this.

Its not a felony so if i go to trail i'll have to fight it myself. I tried to get a police report by calling the court they told me to call the station. The station said only a lawyer can get it. I have an card they gave me and its laid out like this

arrangment
motion
pre-trial
trial

but only a date for the arrangment
any thoughts people
 


Zigner

Senior Member, Non-Attorney
I think you need a lawyer.

It was solely your actions that got you in this mess in the first place!
 

turbochargedv8

Junior Member
I know if i go to court and pled not guilty they probley offer to drop one id probley ask for the two and pled guilty to the open container.

What you think the situation would be if i hired a lawyer and how much would i be looking at
 

CdwJava

Senior Member
any thoughts people
Yes. Hire an attorney.

If this attitude pervades into the court, then you'll really tick off the judge.

When you go to court, come in contrite and polite, and you might even be able to work out a deal where this gets dismissed if you take some alcohol counseling or community service (or whatever is available down your way).

Mouthing off to the cops and retrieving your ID with a "snatch" is what likely escalated this from a, "Take it back inside" to, "You're going to jail."

Miranda is not required here, so that is not an issue. Miranda is only required when you are both in custody and they intend to interrogate you. Nine out of ten arrests do not require Miranda.

- Carl
 

Zigner

Senior Member, Non-Attorney
I know if i go to court and pled not guilty they probley offer to drop one id probley ask for the two and pled guilty to the open container.
Incredible - you KNOW that?

Since you obviously have the FA Crystal Ball in your possession (THAT'S where it went), can you do me a favor and pass the lottery numbers my way?
 

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