Please help...(CA) Penal Code 148 P.C.

[grungefork]

Hello,

Hopefully someone could help me with my little dilemma here


So here is the story, my cousins and I were in the front yard in our house around 11:30 or so they were drinking and I wasn't. We were there listening to music and just relaxing after a long week of work not hurting anyone or anything but I'm guessing a neighbor called in and said we had loud music or something. Cops came and asked if we were drinking, we said no and said that we would go to the backyard if it bothered someone but no, they saw the empty beer bottles and assumed everyone was drunk and started huffing and puffing. So me, the sober one started being rude and saying that we were just relaxing and out of no where they barge inside ( no gate in the frontyard) and handcuff me. They said that I was being detained and put in the squad car. Of course I was pissed off..did not co-operate and just mouthed off mad. Then I said I would like to leave if I was not arrested and they said nope you're under arrest now. They did not read me my rights or anything until we got to the station.They also wrote down that I was under the influence of alcohol which I was not. They did not take any tests or breathalizer I was shocked at how much power the LAW has and how my freedom of speech was taken away so quickly. They had a Higher Ranked officer come in my holding cell and tell me I was arrested for (Penal Code 148 P.C.). They took me to jail and held me there for about a day and release me on O.R.


I do not know what to do, this is the first thing on my record. Are they allowed to just barge into my cousins house and arrest me like that? Were they supposed to read me my rights before taking me in?

 

[CdwJava]

So me, the sober one started being rude and saying that we were just relaxing and out of no where they barge inside ( no gate in the frontyard) and handcuff me.

While it might be legal, it is rarely a keen idea to be "rude" to the nice men with badges and guns and the authority to arrest you.

They said that I was being detained and put in the squad car. Of course I was pissed off..did not co-operate and just mouthed off mad. Then I said I would like to leave if I was not arrested and they said nope you're under arrest now.

When you make it difficult for them to do their job, you can be detained or arrested for PC 148(a).

They did not read me my rights or anything until we got to the station.

That is because they did not have to do so. Miranda generally applies only AFTER an arrest and when they intend to question you. Failure to read Miranda can result in the suppression of evidence obtained prior to Miranda. So, any statements they elicited from you after the cuffs went on and prior to Miranda might be able to be suppressed.

The vast majority of arrests will never require Miranda to be read.

They also wrote down that I was under the influence of alcohol which I was not.

If you were not charged also with PC 647(f) then it's not a real legal issue.

They did not take any tests or breathalizer I was shocked at how much power the LAW has and how my freedom of speech was taken away so quickly.

Your freedom os speech ends when it interferes with their ability to perform their jobs. In this case, I suspect they will claim they were trying to find out what was going on and you lipped off making it difficult to continue the conversation or interview and they detained you so they could keep investigating. Whether a judge will agree or not is a question to be addressed some time down the road.

At this point, you should probably consult an attorney. Do not miss the court date on your citation. That first date is the arraignment. if the state will file charges, they will be read to you at the court date and you will be asked to make a plea. You will also be asked if you need appointed counsel.

 

[StevenJ_420Law]

Hello,
I was shocked at how much power the LAW has and how my freedom of speech was taken away so quickly.

Well, pretty much all your "freedoms" were taken.. so you got a fairly thorough education on that now, right?

You do not have to wait for them to read you your rights to assert your right to remain silent. You knew how it goes anyway; we have all seen it on TV: "You have the right to remain silent.. anything you say.."

Youre not alone, most arrests are because people dont watch cops on TV and learn to be quiet.. people for some reason like to talk themselves into jail and cops count on it.

 

[grungefork]

so best thing to do is plea guilty and then try to get a deletion?

 

[CdwJava]

so best thing to do is plea guilty and then try to get a deletion?

No, the best thing to do is to consult an attorney. It might ultimately be in your interest to work out a plea deal to a lesser offense, but that's something to speak to an attorney about.

Who knows? In the end, the DA may decide the matter was settled by the arrest and they will call it a day. You might get lucky.

 

[grungefork]

how much would you pay for an attorney for this kind of case?

 

[CdwJava]

how much would you pay for an attorney for this kind of case?

That depends on whether or not the matter goes to trial. I'd say a low end of about $1,500 and maybe as high as $5,000 for a high priced attorney or an involved trial.

Most consultations are free, though.

 

[StevenJ_420Law]

I would just wait and see if they file. Just because the cops decided your mouth and attitude was too much so there was probable cause to arrest you doesnt mean the DA will think there is evidence beyond a reasonable doubt for a jury to convict you.

Nothing happens right away if they file except your first court date. I would plead not guilty and start figuring about a lawyer, including.. if you cant afford an attorney one will get appointed.

If convicted on this one can anticipate you will be on at least court probation... maybe anger mgmt classes, who knows. I dont agree with the good SGT that the alcohol in the report can mean nothing unless charged with 647f.

The judge can consider that stuff with your terms of probation and could order alcohol abuse assessments, search waivers for alcohol, abstaining from alcohol, etc. I'm not saying it will happen, but it does happen. That means you should definitely get legal advice be simply accepting any deal where you are not fully aware of the conditions. Once on probation, its pretty easy to find yourself with additional jail time imposed if you goof up.

 

[tranquility]

Being arrested for "contempt of cop" is fairly common. Since we don't have the facts from the officer's side or the testimony of the witnesses, it is hard to tell you the possible outcome beside to see an attorney. If the only charge is 148, with a good attorney, you may not even be charged. That would be the best outcome.

NEVER argue with guys with guns. Nice or not. However, in the olden days, cops who did arrests SOLELY for such things tended to be thought wimps by other cops. Today, the charge is far more prevalent. Guide your actions in the future accordingly.

 

[CdwJava]

Steven, I say the alcohol will be of little consequence because it is not an element of the offense charged. The defense MIGHT choose to raise it as some sort of explanation (but not a legal justification), and possibly to ask for a plea to a lesser offense of public intoxication, but it cannot be used as a direct defense to the actions so I do not see how it would come into play unless the defense wants to do try and bring it up for some reason.

 

[grungefork]

Thanks guys! To tell you the truth this has really been my first arrest. I've been working on a lot of things to apply to be an officer but these guys just really passed the line when they went from "protecting and serving" to straight dicks. This is why I was angered and acted the way I did. In the end I learned my lesson and will just let them take advantage of me since they are the "LAW".

To tell you the truth I do not want this on my record, but at the same time I'm not financially stable and cannot afford a lawyer this is why I'm asking for council here. I'm definitely appreciating all the help that I'm getting here.

Thank you!

 

[justalayman]

So, what happened to your cousins?

Based only on what you said, I see no reason the pc 148a would be applicable but you were pretty vague concerning the actions of all parties. Maybe you simply didn't include what the officer saw as justification for the arrest.

148. (a) (1) Every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, in the discharge or attempt to discharge any duty of his or her office or employment, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.

Most likely the officers version will be different and most likely will support the arrest.

get an attorney and deal with it.

 

[grungefork]

One of my cousins (House Owner) received a Drinking in Public View ticket which I really don't see why since they were drinking in private property?

 

[CdwJava]

One of my cousins (House Owner) received a Drinking in Public View ticket which I really don't see why since they were drinking in private property?

That depends ... when they were drinking, were they in the front yard? Were they under 21? What was the code section?

 

[grungefork]

We were in the front yard of our house not in the sidewalk.