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Interference?

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Interferwhat

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

On 06/12/09 i was at a friends house drinking with only a hand full of people. The homeowner had received several noise complaints before and this night appeared to be no different. At about 4 am, the police showed up for the second time that night. I am unsure as to how the police got into the house, but they went up stairs to where we were and handcuffed my friend right in his bedroom. The police then told everyone else to leave and we did. Everyone walked through the back door and waited outside for a moment. We watched the police take the home owner out through the front door. I then walked back into the house through the back door and walked up to the front door. As they were walked away i asked the police what the home owner was being arrested for and without a word or hesitation the police charged through the front door to tackle me and handcuff me. One cop took me to his car, asked me my name. I refused to answer anything at this time and the cop told me i could go to jail for a couple days for being a John Doe. After 20-30 minutes, another police officer showed up and I told this one that I had only asked the cops why they were arresting the homeowner. They continued to pull my chain and took me to a cell for a few hours and let me walk out with an 'Interference' ticket.

I have court in a few days, is there anything I should be worried about or anything I can do to prepare? Would a witness help? I dont have any money for a lawyer so im hoping that my honesty can hold up. But I fear I will need more than my word to get by without any damage.
 


CdwJava

Senior Member
I find it a real stretch to believe that the ONLY thing you did, the entire time, was to walk up and ask, "Excuse me, sir, but why is he being arrested?"

Had you been told to go back inside, leave, shut up, or given some other action? Did they arrest you for trespassing or resisting/obstructing/delaying an officer? Did your request come in the form of a loud, annoying rant?

I would recommend you consult a local attorney ASAP and allow him or her to help you mount a defense.

- Carl
 

tranquility

Senior Member
I agree with Carl, there are many times the police can insist on unconstitutional things and get away with it. You should get an attorney and make a defense.
 

Interferwhat

Junior Member
I find it a real stretch to believe that the ONLY thing you did, the entire time, was to walk up and ask, "Excuse me, sir, but why is he being arrested?"

Had you been told to go back inside, leave, shut up, or given some other action? Did they arrest you for trespassing or resisting/obstructing/delaying an officer? Did your request come in the form of a loud, annoying rant?

I would recommend you consult a local attorney ASAP and allow him or her to help you mount a defense.

- Carl
I politely asked my question in a quiet manner. I stayed calm the whole time while they tackled me(as best one could at least, being surprised i was in cuffs as quick as i finished my question). Upon releasing me and handing me the ticket, the officer said something to the sound of that I cooperated with the officers and I was only going to get an Interference.

As for the lawyer, I have court on Fri, 8 am. I know I am a horrible procrastinator. What are some of the outcomes if I appear without a lawyer? Is it possible to get a lawyer tomorrow ready for Friday at 8am?
 

CdwJava

Senior Member
I suspect your court date is the arraignment. If you face potential jail time for the offense, you should probably have access to a public defender if you cannot afford your own attorney.

I still find it hard to believe that they "tackled" you without cause or provocation, but I suppose anything is possible.

What state are you in, and what code section have you been cited for?

- Carl
 

Interferwhat

Junior Member
It took place in Denver, Colorado not to far from a college campus. I had seen the cops tackle someone else earlier that night also. They also almost arrested two people, who were most likely intoxicated, for walking down a residential street. Cops are not very pleasant around here.

Im not sure what code section is, but i have the ticket here in front of me if you could be more precise. They did check mark [38-31] Interference.

Is it not possible to get a lawyer ready by Friday morning? How much are typical lawyers? Could i reschedule the court date? How much jail time are we looking at? (sorry for all the questions, i know i should have done this much sooner)
 

CdwJava

Senior Member
That is a municipal code:

Sec. 38-31. Interference with police authority.
(a) It shall be unlawful for any person, in any way, to interfere with or hinder any police officer, any member of the police department, or any person duly empowered with police authority, while such officer, member, or person duly empowered with police authority is discharging or apparently discharging their duties.

(b) It shall be unlawful for any person, in any way, to interfere with or hinder any deputy sheriff, prison steward or deputy warden while any such officials are discharging or apparently discharging their duties.

(c) It shall be unlawful for any person to fail to obey a lawful order of a police officer if such failure interferes with or hinders such police officer in the discharge of his official duties. It is an affirmative defense to this subsection that the failure to obey did not interfere with or hinder the police officers.

(Code 1950, §§ 846.1-2, 846.1-6; Ord. No. 451-87, § 1, 8-17-87)
State law references: Obstructing a peace officer or fireman, C.R.S. 1973, 18-8-104.​
Apparently they believe you failed to follow their directions ... probably to leave the house.

You might be able to postpone the hearing, you might not. You'll have to ask the court at the time of the hearing. If this is the arraignment then you will simply be asked for a plea and asked about counsel. If it is an offense that has jail time attached, you will likely have a right to an attorney if you cannot afford one.

- Carl
 

Interferwhat

Junior Member
If this is the arraignment then you will simply be asked for a plea and asked about counsel.
- Carl
Is "arraignment" usually the case for a first court appearance? If yes, does this mean we would later the same day, or would I have to come back for a second time?

edit: called the court and figured this out.

wondering where you find the possible charges for 'Interference' now. Anyone able to point me to a website or show me a quick list?! thank you ahead of time.
 
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