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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 02-18-2009, 11:45 PM
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Confused over Court Procedures


What is the name of your state New York.

Long story short I was in the wrong place at the wrong time. Four anti-crime police officers in street clothes cornered me (small asian female) as I was leaving my apartment building and aggressively demand I let them into the building. When I didn't let them into my building (not knowing if they were genuine or not). They then falsely arrest me held me in jail for over an hour and then let me go with 3 summons 2 for disorderly conduct (creating hazardous conditions, fighting) and one for trespassing.

Court time comes around I've repeatedly plead not guilty 3 times as of now. One of the arresting police officer showed up refused the court lawyer's suggestion of letting me off with an ACD. The judge didn't even bother listening to my side of the case and in the span of 5 minutes declares I need to get a private lawyer and to come back in 2 months.

I'm extremely upset and feel like the court has wasted huge amounts of my time. The judge had me, the arresting officer and himself why didn't he make a judgement? (Isn't that his job) These are 3 simple summons and I was told I didn't need a lawyer for them since most likely the judge would dismiss them. I've seen two lawyers as of now and both fees are out of my price range. (3,000 and 750 dollars)

Is this normal/appropriate for 3 summons? What happens if I don't have a private lawyer the next time I show up for court? How much would it cost for a lawyer to get me off with an ACD?
  #2  
Old 02-19-2009, 06:42 AM
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Frankly had he adjudicated your case you would have been found guilty so he was doing you a favor by strongly suggesting counsel. The offer of ACD is an indication that you are guilty not innocent. I'd recommend you at least consult with a few lawyers. They can tell you what the costs will be and what they think they can do for you.
  #3  
Old 02-19-2009, 11:12 AM
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Thank you Ron. I'm not sure why you assume the judge would have found me guilty however, since I could prove I lived in the building and was on my way to class when the incident occurred. In addition to a few of my constitutional and civil rights being violated when they falsely arrested me and subjecting me to unreasonable search and seizure.

Why would an ACD mean I'm guilty? One of the lawyer's I consulted said the judge probably won't give me an outright dismissal so the best I could hope for was an ACD and in six months it'll be gone.

Last edited by Madison934; 02-19-2009 at 11:15 AM.
  #4  
Old 02-19-2009, 11:18 AM
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You need an attorney.

ETA:
You need him even more than most, since you were told by the judge to get one!
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  #5  
Old 02-19-2009, 11:38 AM
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Quote:
Originally Posted by Madison934 View Post
Why would an ACD mean I'm guilty?
Because you have to PLEAD GUILTY to get it. The case is then adjourned for a period (six months is typical) where if you behave the judge just throws away the proceedings and you don't end up with a criminal record or penalties. If you screw up, then all the judge has to do is find you guilty and pronounce sentence as you have already admitted your guilt.

The fact that you don't know these implications is one of the reasons you need a lawyer. You seem to be confused over the other issues as well. All they need to arrest you is probable cause so the arrest is most likely not false. Once arrested search is warranted (what was siezed?).
Quote:
One of the lawyer's I consulted said the judge probably won't give me an outright dismissal so the best I could hope for was an ACD and in six months it'll be gone.
Listen to the professionals. You might be able to beat the tresspass charge if you were rightfully there, but the others will probably be hard to beat. The prosecution has witnesses.
  #6  
Old 02-19-2009, 05:49 PM
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Ron I deeply appreciate your advice but essentially from what I'm reading from your last post even if I get a lawyer I would need to plead guilty to 3 summons whose charges I'm innocent of. As well as pay a few thousand dollars for the privilege of 4 cops who brutalize me, send me to the hospital, and locked me up just because they could. Where is the justice in that?

As for the arrest not being false. You're telling me the police essentially have every right to go up to whoever they want and arrest them cause they feel like it. Even though my only crime is leaving my apartment building trying to get to class? Just because I was trying to ensure my own safety with three men and one woman who were acting hugely suspicious not dressed in uniform trying to get access to my building and preventing me from going anywhere. They didn't show me a search warrant, no one called them to the building. There was absolutely no crime going on at the moment. And you yourself would let anyone into the building your living in just because they demanded you do so?
  #7  
Old 02-19-2009, 05:52 PM
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Why was it your duty not to let someone in the building?
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  #8  
Old 02-19-2009, 08:21 PM
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I had a couple of reasons for not letting them into the building. First it's a small building about the size of a medium home. There's only 6 people living there including me. The 3 students were in class at the time (1:00 pm) the couple next to me was at work. No one was in the building and I was alone. The way the 4 cops acted as well cornering me, harassing me, aggressively interrogating me, demanding to enter for no reason. This just made me frightened that they were attempting to enter my building and if they weren't genuine cops possibly murder me in my own staircase. In addition my mother owns the building so I had a personal reason for making sure nothing happened to the building.
  #9  
Old 02-20-2009, 10:03 AM
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Quote:
Originally Posted by Madison934 View Post
I had a couple of reasons for not letting them into the building. First it's a small building about the size of a medium home. There's only 6 people living there including me. The 3 students were in class at the time (1:00 pm) the couple next to me was at work. No one was in the building and I was alone. The way the 4 cops acted as well cornering me, harassing me, aggressively interrogating me, demanding to enter for no reason. This just made me frightened that they were attempting to enter my building and if they weren't genuine cops possibly murder me in my own staircase. In addition my mother owns the building so I had a personal reason for making sure nothing happened to the building.
Thank you.

Now please answer this question:

Quote:
Originally Posted by seniorjudge View Post
Why was it your duty not to let someone in the building?
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  #10  
Old 02-20-2009, 10:23 AM
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Senior Judge I believe I did answer it in the post you quoted...First and foremost my own personal safety was at stake...I guess you wouldn't know what it's like to be a 21 year old female weighting at 105 pounds 5'2 inches. And please answer this question are you yourself in the habit of allowing strange men and women into your own personal house/apartment? Without knowing why they wanted to enter your own personal dwelling?
  #11  
Old 02-20-2009, 10:24 AM
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Quote:
Originally Posted by Madison934 View Post
Senior Judge I believe I did answer it in the post you quoted...or are you in the habit of allowing strange men and women into your own personal house/apartment? Without knowing why they wanted to enter your own personal dwelling?
Why was it your DUTY not to let someone in the building?

You have not answered the question.
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  #12  
Old 02-20-2009, 12:56 PM
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The rest of the story


Please tell us the whole story. Why were they trying to get in did they show you credentials etc..
  #13  
Old 02-20-2009, 01:06 PM
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Quote:
Originally Posted by Madison934 View Post
Senior Judge I believe I did answer it in the post you quoted...First and foremost my own personal safety was at stake...I guess you wouldn't know what it's like to be a 21 year old female weighting at 105 pounds 5'2 inches. And please answer this question are you yourself in the habit of allowing strange men and women into your own personal house/apartment? Without knowing why they wanted to enter your own personal dwelling?
If you were truly afraid for your safety, you wouldn't have stood there blocking their way...You would have ran away screaming at the top of your lungs.
__________________
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The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is! When all else fails, make up a statistic!

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
  #14  
Old 02-20-2009, 02:39 PM
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Senior Judge I'm not sure what your getting at since not only did you not answer my own question. I've repeatedly pointed out my answers to your question. Are you in the habit of allowing strange men and women into your own personal living environment. If the answer is no why are you questioning my rights to do the same?

41tellthetruth they apparently were trying to get into the building to speak to the student who lived above me who had been robbed 2 weeks before. However, they called his cell phone and left a message asking him to come down to the precinct. He was in class and did not answer his phone. They rang his doorbell and no surprise. No one answered. I didn't know he had been robbed and had no reason to believe the presence of police was warranted. They did show flash an ID for all of 5 seconds but would you just trust an ID alone? Especially knowing how easily they could be faked?

Zigner I definitely did try that and all it did was get me a disorderly conduct summons.
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