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Process related questions- Misdemeanor/Drug offense

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thenatureboy420

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

Hi. I am writing this for a few reasons. This is an incident that happened to me about 3 years ago. After taking a few con-law classes in college, I am wondering whether anything shady happened in my case. I am first wondering whether or not any of this would have warranted an easy overturn on appeal. Secondly, I was wondering if there is anything I can do now, if my rights were truly infringed upon. I'll explain what happened, and comment on the parts where I feel like something was fishy.

It started in my senior year of high school (2006). I was 17 years old at the time. I had no priors at all. I was driving down the street with a friend in my vehicle. There was a man riding his bike in the street, and I was frustrated at having to go 5mph. I was finally able to pass him, and I roll down the window and yell "please use the sidewalk". He responds with a variety of obscenities. Angered by his response, being a ****y little high schooler and wanting to have some fun with my friend, I proceeded to throw an empty plastic cup out the drivers side window, over my vehicle, and towards the man. The cup missed by a considerable amount. I left the scene.

I was contacted soon after by the local police department, who described the incident and said the man had gotten my plates and reported me. The officer, who was the liason for my school, asked me to come in with a parent to be questioned.

I came in, and at first I attempted to deny I had thrown the cup. The officer proceeded to explain that the man I had thrown the cup at also claimed that as I pulled up to him, I had hit him in the back of his head with the mirror of my vehicle (an SUV), and that if I did not admit to throwing the cup, he would charge me with vehicular assault. I know for a fact I didn't hit him, and my friend could also attest to that.
Should I have ever been warned about my rights here? Never was I warned about my right to silence, to an attorney, etc. And was there anything illegitimate about the questioning process? I believe it is safe to assume the claim that I had hit him with my mirror was false- I know I did not, it surely would have knocked him off (this was a huge mirror), and if he had indeed accused me of that, surely the officer would attempt to charge me with that as well. I feel like my confession was coerced by a lie. Did I just fall for a legitimate trick, or was this not legitimate? I don't know when miranda rights are enforced, but they were never read to me. But then again, I was never "arrested".

I received a citation for "throwing an object/missile from a moving vehicle"- a misdemeanor. I went to court on the date it specified. I met with someone from the court before the hearing who told me I would most likely receive one year of non-reporting probation.

I walk into the court room, get called up. The first words out of the judges mouth was "you are going to take a drug test today, are you going to pass or fail?" At the time I would occasionally smoke marijuana, but no prior incidents or anything involved with the case would indicate to the judge that I would likely fail a drug test. I responded by saying that I had quit smoking marijuana a month earlier after my mom caught me, something she confirmed. I explained that I believed I would pass but I couldn't be sure. Talk regarding the cup was limited to a few sentences where I admitted to throwing it. I would later find out that this judge is known for being an extremely harsh anti-drug crusader of sorts.
Should I have been advised of my right to counsel at this point, or offered counsel (my family doesn't have much money)? And does she really have a right to drug test anyone she wants?

After 5 days, I completed the drug test. I went each day but failed to complete it due to the difficulties one may have when trying to urinate with a man standing right behind you, watching directly and with a complete view provided by mirrors on all the walls. Kinda awkward. I passed the test.

I came to the court for my sentencing. Before being called forward, a man who was some sort of assistant to the judge (not sure of his official role with the court) came up and explained that the judge would like me to participate in a program where the judge holds court hearings in an auditorium of a local school. He advised me that she really wanted me to have my sentencing in front of students since I was close to their age, and explicitly stated that she may be more harsh on me if I disagree. Feeling like I had no option, and without counsel to consult, I agreed. I went up, she briefly spoke to me, setting in stone that my sentencing would be scheduled for one of her court-in-school programs. It was also at this point where she explained that the court would appoint an attorney for me for those proceedings.
Is it legitimate for me to be coerced in this manner to having my sentencing in front of a school?

On the date, I went to the school. Briefly met my attorney who explained that I wouldn't have to do anything, and that I would be asked if I would like to say anything, and that if I chose to it wouldn't really help, but could only hurt my case.

The court in school program started, in a large auditorium full of hundreds of students. A few cases were done before me, and they were getting treated extremely harshly. For the case immediately preceding mine, a young man with a DUI charge, his lawyer explained that he had now chosen to refuse to have his hearing at the school. He argued she had been extremely unfair and was punishing people too harshly in order to set an example. She agreed to postpone his sentencing until returning to the court that afternoon.

When my case came up, she proceeded to lecture me for several minutes about the dangers of smoking marijuana, without even mentioning the fact that I had quit a month prior, and had passed my drug test. For throwing a cup out of the window, which I was told before the case would probably result in 1 year of non-reporting probation, I was sentenced to the following:
- 1 year of reporting probation
- Twice monthly drug testing (at my expense)
- 30 hours of community service
- 10 hours of drug classes
- $500 in fines
- 90 days in jail, which was suspended. My lawyer explained afterward that if I were to violate probation once, the jail sentence would be applied.

Is this whole court in school thing legitimate? I was coerced into it under threat that my sentence would be harsher, and facts of my case were ignored and my punishment unduly severe so she could set an example and try and teach the kids something. How is that a fair trial? Or due process? Would I have been able to appeal the sentence on the basis that it is impossible to get a fair trial when there is an incentive for the judge to punish me extremely hard to show these kids "what happens when you do drugs" (or in my case, used to do drugs)

Any comments are appreciated. I just want to know if any of this was plainly illegitimate, and if there's anything I could do now to reconcile what I feel was an extremely unfair process. If you need more information to analyze the situation, just ask. Oh yea, and please ignore the immature username. I made it years ago.
 


dave33

Senior Member
Basically, in my opinion you were a victim of not having enough money to get a decent lawyer. As far as your rights go,you only need to be read your rights after you were arrested, if they want to use your statements against you. The questioning process seems proper. He is allowed to lie and use distasteful tactics to get the response he wants. Whenever dealing with police get a lawyer 1st thing. You still have no idea if what he told you was a lie or not. It seems unbelievably unfair and it is.Welcome to the justice system. You just learned 1st hand how things work. Also you now know the judge can do anything they want. They threaten harsher sentences everyday in order to get guilty pleas. ALWAYS WHEN DEALING WITH POLICE IN ANY CAPACITY GET A LAWYER. If you forget everything you ever learned in your whole life, remember that.
 

outonbail

Senior Member
Nothing you claim took place in your post is out of line or would win an appeal.

The interview with the police was entirely voluntary on your part. It was also a mistake for you to agree to attend any meeting and volunteer any information.
If the police had enough evidence to arrest you, they wouldn't have asked you to come in for questioning. It is what you provided them with in this meeting that got you arrested and yes, they can lie and make up stories with false details in order to get you to confess to the crime they are questioning you for.

Never speak to the police. You have the right to remain silent, use it! Let an attorney do the talking for you.

You also agreed to do the school court thing. Again, I wouldn't have believed this would make the judge go easier on you, because she is using you and your crime as an example to other students so they will think twice before breaking the law. Do you think these students will learn anything if the judge let you off with a sentence consisting of low level probation and that's it?

Be glad you learned this lesson before you were an adult.

When you're a suspect, the police are not going to do anything to help your situation, they will only make it worse. Never speak to them without an attorney present! Doing so will never find you receiving a happy ending.
 

thenatureboy420

Junior Member
But is it really legitimate for the judge to basically tell me "I want to hold your hearing in a setting that will be fundamentally unfair so I can set an example for some kids, but if you don't want to do that, I'm going to punish you even harder?" Where's the justice in that? In the end, I was told that either way I was going to punished more harshly than usual, so the "choice" I was given wasn't really a choice. I could be punished harshly to teach some kids the dangers of drugs, or punished harshly because I didn't want to be in the judges program.
 

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