We are still in America right?

[ditters]

What is the name of your state? Mississippi

Wednesday morning my husband was pulled over by the HP, he knew he was breaking a few rules so when the officer came to the door and asked him if he knew why he had pulled him over he said "I know it could be a few reasons".The officer asked for the license
and insurance and while hubby was getting them out the officer asked about the military decals on his truck, turns out they are both Veterans, so they make a little small talk about it...he asked hubby where he is headed and he said to work (he was running late) and then he said "which could be considered hell", they are going through big changes in the company.... So the officer returns to his car to run the license and whatever and hubby made the mistake of getting out of his truck and walked towards the patrol car (he knows this was a bad idea), and the officer tells him to return to his truck...while turning around to go back, hubby made the comment "I think I would rather go to jail than he!! (work) today", the officer exited his car and told him to place his hands on the car and cuffed him.
He put him in the front seat of the patrol car, and my husband could not get an answer as to why he was being arrested at first. So he points out the video camera and asked if this is being recorded, officer said yes...good thing. He then asked about Miranda rights, officer said "we don't have to read them to you". Officer called a towtruck to tow his truck and put him in the backseat of the car. He then tells my husband that the reason for his arrest is "because you asked to go to jail"...Anyway they go to jail, hubby calls me to come get him, I get there...a bail has been set at $1500.00...Thank God someone was there to point me in the direction of a bondsman...This is my first time going through this. He showed up about 10 minutes later..I pay him the $200.00 we owe and he bails him out..

The stated charges are:
Following too closely (Got a ticket that states only that)
Disorderly Conduct
Failure to comply

All we have in writing as of yet is the ticket for following too closely, noone can tell us where the other charges came from...hubby swears up and down he showed complete respect for the officer...the video should prove this..
So here we sit 3 days later still scratching our heads wondering what in the world has happened...he has missed work because he is about to have a complete breakdown and I am probably going to have to rush him to the VA soon..This is serious you guys, any advise that you have would certainly help.
What are his rights?
Can we see the video?
He wants to represent himself in court...is this a good idea?

[CdwJava]

It is probably a bad idea for him to represent himself in court if the offense he is charged with is something he can go to jail for.

He can obtain a copy of the video through discovery. If he cannot find out how to properly obtain discovery, he needs to hire an attorney.

Something is missing here ... the officer is not going to take him to jail because he was joking around. I suspect that somethine else was said or happened.

- Carl

[ditters]

Originally Posted by CdwJava

It is probably a bad idea for him to represent himself in court if the offense he is charged with is something he can go to jail for.

He can obtain a copy of the video through discovery. If he cannot find out how to properly obtain discovery, he needs to hire an attorney.

Something is missing here ... the officer is not going to take him to jail because he was joking around. I suspect that somethine else was said or happened.

- Carl

What is discovery?
And I am serious, I spoke with the Commander of the HP and he said that my hubby "asked to go to jail verbally"...

[CdwJava]

Originally Posted by ditters

What is discovery?
And I am serious, I spoke with the Commander of the HP and he said that my hubby "asked to go to jail verbally"...

If your husband does no tknow about discovery, he needs an attorney.

Discovery is the means used to get copies of police reports and other evidence the prosecution has to make their case.

Also, the Commander was not present so he honestly does not know what was said. The only way such a claim is generally going to result in an arrest is if he refuses to sign the citation or is otherwise being an idiot.

- Carl

[The State]

HIRE A LAWYER !!!!! If your husband's rendition of the facts is true, he couldn't manage to avoid getting himself arrested in the first place. So why does he think he'll do any better in court?

[ditters]

Originally Posted by CdwJava

If your husband does no tknow about discovery, he needs an attorney.

Discovery is the means used to get copies of police reports and other evidence the prosecution has to make their case.

Also, the Commander was not present so he honestly does not know what was said. The only way such a claim is generally going to result in an arrest is if he refuses to sign the citation or is otherwise being an idiot.

- Carl

K if the commander watches the video he would know what was said, anyways...does Joe citizen have the right to "discovery"? And how do we go about it?
Thanks

[tranquility]

Discovery is not a thing, but a process. A process for discovering facts. Some facts are held by a party opponent and some facts are held by third parties. How you get ahold of the fact varies as to the state and circumstance and resistence. It is not possible within the confines of this forum to tell you how to go about it.

Get an attorney. Get a book. Go to law school. Any one of those should help you get what you want.

For your particular question. File a subpoena duces tecum.

See? That didn't help much, did it. How you do that should be in your state civil code. What you put in the subpoena requires skill and the ability to think about how a person who doesen't want to give you something could think as related to how you ask.

Good luck!

[HappyHusband]

Originally Posted by ditters

He wants to represent himself in court...

So, he really does want to go to jail.

[moburkes]

Originally Posted by HappyHusband

So, he really does want to go to jail.

HAHAHA!

He said that he wanted to miss work, now he's complaining because he missed work!

[ditters]

Originally Posted by moburkes

HAHAHA!

He said that he wanted to miss work, now he's complaining because he missed work!

Well yeah that whole 20/20 and hindsight thing stinks...