Did arresting officer give bad advice?

[wildthing]

What is the name of your state (only U.S. law)? in Iowa from Indiana

I have a biker friend that lives here in Indiana. While riding his motorcycle to Sturgis, SD. he was arrested in Iowa for hitting (and breaking) the mirror of a car that was trying to run him off the road. The arresting officer charged him with class-5 criminal mischief and he had to post a $300 bond. The arresting officer told my buddy that if he doesn't show up for court that the judge will most likely issue a "local" warrant and the $300 will go to pay for the damage to the car. My buddy seems to think local warrant means that if he skips court it's no big deal as long as he doesn't go back to Iowa.

 

[tranquility]

If you look at what is happening in the news, you'll see the TV show "Person of Interest" being put into reality. Cities are bringing together all the video from public and private sources to local locations. It is rumored that the NSA's huge new data center being built is to, in part, bring all those together as well.

http://www.wired.com/threatlevel/2012/03/ff_nsadatacenter/
http://articles.nydailynews.com/2012-08-08/news/33104875_1_computer-system-license-plate-joint-venture
http://latimesblogs.latimes.com/lanow/2012/08/long-beach-police-cameras.html

Does your buddy think that is not going to happen with warrants as well? Even if it is not true today (Which, I don't know.), letting something go to warrant is not going to be good for the long term prospects of anyone.

 

[justalayman]

The arresting officer told my buddy that if he doesn't show up for court that the judge will most likely issue a "local" warrant and the $300 will go to pay for the damage to the car.

I don't see that as advice. I see it as a possible explanation of what might happen, as the cop interprets the situation.


What the cop said would or might happen is not dependable.

My buddy seems to think local warrant means that if he skips court it's no big deal as long as he doesn't go back to Iowa.

and? it's up to him. If he wants to risk he is right, it's up to him. If he is wrong, well, I guess he won't find out until they are cuffing him. His choice.

 

[HighwayMan]

Even if he's not extradited from wherever he is, he will likely be detained for a while EVERY time he gets stopped and a license and/or registration check is done.
If it's at an odd hour or weekend it's possible that the warrant hit won't be confirmed for a few days, depending on who would get called to confirm the warrant and it's conditions. Your friend could end up sitting in jail over a weekend - more than once.

That will continue for the rest of his life until he appears in court. Warrants do not go away.

 

[cyjeff]

And let's add in the fact that in today's employment environment, no one wants an outstanding warrant to pop up on his/her background check.

 

[HighwayMan]

And let's add in the fact that in today's employment environment, no one wants an outstanding warrant to pop up on his/her background check.

"Biker friends" are usually not concerned about background checks...

 

[justalayman]

"Biker friends" are usually not concerned about background checks...

Malcolm Forbes was a biker. In fact, he was the founding member of a "club" called the Capitalist Tools.

 

[HighwayMan]

Malcolm Forbes was a biker. In fact, he was the founding member of a "club" called the Capitalist Tools.

I was thinking more in terms of "outlaw motorcycle club member".

 

[jiggy78]

In general, one should not take legal advice from the police.

 

[wildthing]

Well, my buddy contacted the courts and they told him that he did not have to appear for court for the 1st hearing as long as he sent a letter stating that he wanted to plead not guilty. So he did that. Now they set the case for trial. My buddy called & spoke to the prosecutor and said that he would pay for the damages to the car (the pros. said the damage estim. was about $300) if the prosecutor would dismiss the criminal charges. The prosecutor told my buddy that he (the prosecutor) could not negotiate a plea directly with him and that my buddy would have to hire an attorney.
Is this true or is the prosecutor just trying to get my buddy to line the pockets of one of his attorney buddies?
My buddy called 3 attorneys in Mason City, IA. and 2 of the 3 wanted $1000 to handle his case. The 3rd said he would handle it for $800.

What started all this: While on our way to Sturgis my buddy and I and a few other guys (8 bikes total) were riding together on a 4 lane highway when they came upon a slow moving car. All 8 bikes got into the passing lane and as they passed the car the first 2 bikes got back in front of the car. As the next 2 bikes started to merge back to the right hand lane in front of the car the guy in the car started merging into the left lane. My buddy beeped his horn but the driver kept comming over so my buddy smacked the top of the cars mirror with his hand (causing the glass to fall out of the mirror). The guy in the car swerved back into his lane and then pulled off to the side of the road. About 5 miles down the highway our group was pulled over by several police. When questioned, my buddy admitted that he had smacked the miror and said he would pay for the damage but the police officers said that he would have to be arrested & bond out (charged with Crim Mischief in the 5th) because he was from another state. I was on my bike behind my buddy & witnessed all of this but after he confessed to hitting the car the police officers told us it didn't matter what we (the rest of the group) had to say. I told my buddy that he needs to fight the charges and sue the guy in the car. My buddies wife was on the bike with him and the incident scared her so bad that she pissed her pants and she refused to get back on the bike and continue the trip. My buddy had to rent a car and she drove back to Indiana. They saved 3 years to be able to go on that trip and the @$$hole in that car ruined their vacation and maybe their lives because she still refuses to get back on the bike and wants him to sell it.
If I have to explain it, you wouldn't understand.

 

[CdwJava]

Prosecutors are reluctant to negotiate with unrepresented clients because it can lead to problems down the road. If your buddy wanted to go to court and get the court to recognize him as acting in pro per as his own defense attorney, then maybe he'll talk. In the meantime, your buddy may want to go with the low bid attorney to negotiate that fix-it plea deal.

 

[OHRoadwarrior]

That is considered a minor misdemeanor. If he is going to hire a lawyer, I suggest he pay for the damages ASAP. Ask the lawyer to attempt an amended charge,that is relevant, however not a misdemeanor such as

321.363 Obstruction to driver's view.
1. No person shall drive a vehicle when it is so loaded, or when there are in the front seat such number of persons, exceeding three, as to obstruct the view of the driver to the front or sides of the vehicle or as to interfere with the driver's control over the driving mechanism of the vehicle.
2. No passenger in a vehicle shall ride in such position as to interfere with the driver's view ahead or to the sides, or to interfere with the driver's control over the driving mechanism of the vehicle.

or possibly

321.437 Mirrors.
1. Every motor vehicle shall be equipped with a mirror so located as to reflect to the driver a view of the highway for a distance of at least two hundred feet to the rear of such vehicle. Any motor vehicle so loaded, or towing another vehicle in such manner, as to obstruct the view in a rear view mirror located in the driver's compartment shall be equipped with a side mirror so located that the view to the rear will not be obstructed however when such vehicle is not loaded or towing another vehicle the side mirrors shall be retracted or removed. All van or van type motor vehicles shall be equipped with outside mirrors of unit magnification, each with not less than nineteen point five square inches of reflective surface, installed with stable supports on both sides of the vehicle, located so as to provide the driver a view to the rear along both sides of the vehicle, and adjustable in both the horizontal and vertical directions to view the rearward scene.
2. Notwithstanding this chapter or chapter 321E, a combination of vehicles coupled together which is used exclusively for the transportation of passenger vehicles, light delivery trucks, panel delivery trucks, pickups, boats, and recreational chassis, may permanently attach a convex-type mirror on either or both of the vertical supports, forward of the steering axle of the power unit, provided that the mirror shall not extend beyond the limit of any other rearview mirror on the vehicle.
[C31, 35, §5105-c20; C39, §5034.46; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.437]
86 Acts, ch 1210, §5

You will likely hear nay sayers protesting these are not relevant etc... however, if your friend has a CDL, the prosecutor must be judicious in his choice of amended charges, due to federal CDL anti-masking provisions.

 

[HighwayMan]

I told my buddy that he needs to fight the charges and sue the guy in the car.

Sue the guy in the car for what exactly?

My buddies wife was on the bike with him and the incident scared her so... she refused to get back on the bike and continue the trip.

She seems like the smart one in the relationship.

the @$$hole in that car ruined their vacation and maybe their lives because she still refuses to get back on the bike and wants him to sell it.

Your "buddy" is the one who damaged the car. I have seen plenty of motorcyclists do this, especially when riding between lanes. I think selling the motorcycle hardly constitutes ruining a life.

 

[HighwayMan]

You will likely hear nay sayers protesting these are not relevant etc... however, if your friend has a CDL, the prosecutor must be judicious in his choice of amended charges, due to federal CDL anti-masking provisions.

Where does the OP mention that his "buddy" has a CDL? How does a criminal charge plea bargain relate to anti-masking?

 

[OHRoadwarrior]

Where does the OP mention that his "buddy" has a CDL? How does a criminal charge plea bargain relate to anti-masking?

I did not say his buddy did, however if he does it makes a reduction even more imperative. We have been around the bend on the DOT anti-masking provision for CDL drivers before. You didn't learn anything last time either. Regardless of whether the person has a CDL, the point of hiring an attorney would be to change the nature of the ticket from a 5 misdemeanor to an no point infraction. Preparation of a crime you will plead to, to make a bad situation go away, is sometimes needed as not all lawyers are up on traffic laws, when negotiating for you. I know this from personal experience.