What rights?

[freaknyea]

What is the name of your state? Ohio

I told an officer I had a watercraft license and I don't. S/he called me a few days later and I acted as if I never new what s/he was talking about. Now the officer wants me to come in to receive a citation and refuses to send it in the mail. Supposedly the citation is for no license but I believe they are getting me there to arrest me for giving false information.

What rights do I have and what rights do they have ( what can they do or most likely will do when I show up )?


Thank you.

[racer72]

You have the right to be arrested if you show up. If you don't show up, a warrant will be issued and you may be looking at additional charges when you are arrested in the future.

[freaknyea]

Do you have any advice as to what I should do?

[seniorjudge]

Q: Do you have any advice as to what I should do?

A: Surrender.

[freaknyea]

I have no problem surrendering. What will most likely help me avoid certain charges? What should I say?

[CdwJava]

You do have the right to remain silent - I'd exercise that.

Consider consulting an attorney before going in .. it may be just to sign a citation, and it may be to arrest you for something more than a license violation. In any event, consulting an attorney ahead of time might save you a good deal of trouble.

- Carl

[seniorjudge]

Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts or caps.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)”


Here are seven stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

6. I was influenced by a bad crowd.

7. I/my kid/my whatever has surgery scheduled.


[url]http://forum.freeadvice.com/showthread.php?p=854687#post854687[/url]

Public defender’s advice

[url]http://newyork.craigslist.org/about/best/sfo/70300494.html[/url]


Other people may give you other advice; stand by.