Citation and procedural mistakes?

[snanaik]

What is the name of your state (only U.S. law)? Kentucky

Driving alone one night I noticed someone was following me close so I turned into a gas station. It was a police officer in the car following me who pulled up when I got out of my car and said that I did not signal before turning into the station. I was distracted by him tailing me.

He asked for my license and registration and then asked me if I had marijuana on me, and said that if I admit it that he would not arrest me. I was confused by that and told him I was confused. He said he didn't care for liars and he could smell marijuana and if I was honest with him he wouldn't arrest me.

I said I had nothing.

Another officer had pulled up in another car and came over to us right then. The new officer proceeded to search my car and found only 2 pipes and paper and a paper roller.There was no marijuana.

He proceeded to arrest me for three charges:

1)failure to signal turn,
2)marijuana possession (even though he does not site any marijuana found in the citation)
3)drug paraphernalia possession.

The only officer on the citation is not the officer who followed me into the gas station and propositioned me to tell him I was in possession of marijuana so he would not arrest me and the officer on the citation made no mention in his report of what actually happened and how, except to say I was stopped by unit XXX (I don't know if XXX is his unit or the other officer's but it is not exactly true, I pulled into the gas station without any provocation from the officer not even knowing it was a police car following me as it was late at night and I was already stopped and out of my car talking to the first officer when the officer on the citation pulled up) There were no witnesses I am aware of but I am looking into that as there were customers around.

I was taken to jail without ever being read my rights in any way shape or form and once there at the jail they called me by another first name and I had to correct them. When I was discharged on my own recognizance 12 hours later they neglected to give me a copy of the citation - I had to go back in to get it and that is when I noticed the wrong first name typed in on the citation and crossed out with my correct name and middle initial hand written next to the wrong first name (with no middle initial). The citation originally had a totally different first name for me (except for the first letter) and no middle initial which leads me to believe it wasn't a typo. The citation also had my hair as brown and it is blond.

I would like to know if there is any basis in all this on which this case can be thrown out and/or was the officer acting properly giving me a proposition to admit to something in return for avoiding arrest.

[You Are Guilty]

Originally Posted by snanaik

I would like to know if there is any basis in all this on which this case can be thrown out and/or was the officer acting properly giving me a proposition to admit to something in return for avoiding arrest.

Not even remotely.

And stop doing drugs, its ruining your mind.

[snanaik]

Originally Posted by You Are Guilty

And stop doing drugs, its ruining your mind.

It seems I've heard that advice before - this time I'm going to take it. I'm one of those who for some reason only learns things the hard way but I appreciate your stating it like it is.

I guess I should have believed the officer when he made me that proposition at least I wouldn't have had to spend the night in jail.

Thank you for the advice though, I want you to know since you cared enough to let me have it, I'm threw with my vices. I quit smoking cigarettes too, cold turkey. This was an awakening for me.

But, hey I'm only trying to minimize the legal damage, if I can legally, as I can't afford a lawyer now. But I guess I'll just have to rely on the mercy of the court.

[You Are Guilty]

You can still ask for a deal ("plea bargain"). Whether you get it is something no one can predict. Here are some tips for appearing in court, courtesy of Seniorjudge:

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)”


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)
http://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice
http://newyork.craigslist.org/about/best/sfo/70300494.html

[seniorjudge]

Originally Posted by You Are Guilty

You can still ask for a deal ("plea bargain"). Whether you get it is something no one can predict. Here are some tips for appearing in court, courtesy of Seniorjudge:

Thanks.

I guess I should confess:

On the bench a couple of months ago, my cell phone rang.

Luckily, there were only me, the clerk, and one lawyer in the courtroom.

Duh!

[You Are Guilty]

I think everyone is aware that the rules only apply to people not named "Judge". Case in point. After waiting ~45 minutes for a Federal Judge to finish a sentencing hearing that ran late (@4:45pm), in the middle of our conference, her phone rang. She picked it up and had a lovely 10 minute conversation about who knows what. (Since this wasn't my last case of all eternity with her, I didn't complain )

The next day in a state court, after warning the waiting lawyers to turn their phones to vibrate, some unlucky schlub forgot to and when it rang, the court officer confiscated it! Told him if he wanted it back, he had to come back at 5pm to pick it up. (He might have also needed a note from his mommy.)

As Mel Brooks once said, "It's good to be da king!"