trespassing

[horst]

What is the name of your state? Colorado
Jefferson County

Im a member of the Army National Guard, I was given a shipdate AFTER being arrested for trespassing. I was arrested 2 months before my first court date (11/24/06), so it was around 9/24/06 when I was accused of trespassing. Long story short we were arrested beacause somebody was illeagly in my car, the doors open and lights on so we were running towads my buddys work rather then my car after our normal jog. This ended up being cops searching the car, we thought they were trying to rob us or something (we were a couple streets away at night, no idea who was in but it was clear it was somebody), anyways 12 hours later I was out of jail and free although the cops never failed to voilate my rights and refuse to tell me what I was being arrested for, make threats, harass me, refuse to provide me with a lawyer (yet continue to question me), etc.

I told them the truth, and so did my friend. That only pissed them off more (if we admitted to doing it they said they could get us off almost free, but we didnt do anything so we were not about to make that mistake)

I went to court on the 24th, wasted 2 hours to talk to a DA. The kid (I dont know why every DA looked younger then everyone else in court) told me she had no clue about my past history, or about my case so she couldnt offer me anything at all. I told her I had to shipout so my unit would have thier medic when he was needed, and I had a precourt date pushed ASAP (11/9/06). Right now the only way I see myself being able to shipout is if this crap gets dismissed, one of the ladys there (no idea her job, but the DA's listened to what she said) attempted to get it dismissed but I guess she couldnt get the paperwork that proves ive never been arrested for anything in my entire life, never had a ticket of any sort, etc pulled up. Furthermore nobody could find any information on why I was there other then the blue sheet I had taken in, no information whatsoever. I would have plead guilty to get the crap over with so I could go with my unit, but the fine is too steep to take one for the team, I dont have a job because of this crap, my bills are stacking, and im not about to take another loan out to cover some BS fine for something I didnt do

As I have said, ive never had any involvement in any crime of any sort, not even the most minor. This legal territory is oh so alien, I have little understanding of the terms and how to get anything done, or whats expected of me. I have asked for a lawyer at every occasion but was never given one or any information on how I could get one (other then all the sheets saying I just have to ask.... but that never seems to work)

As it stands I need to have this dismissed and OFF the record by the 12th at the LATEST. Even then there is a chance I wont get to shipout, so if possible I need this off on the 9th, which happens to be my pre-court date. Im asking for any advice or hints

1) How do I get a lawyer, nobody wants to give me one no matter what. Ive called a few attorneys and they refuse to help me if I dont sue the cops in return for all the crap they gave me, or... I pay them some large fee which I cant afford anyways. Free lawyers at this point are nothing more then a myth, they either dont exist or im missing the magic word. When, where, how, do I get one?
2) What do I need to do to help get this dismissed, is it even possible to get this done on the precourt date? What should I bring, who should I bring
3) What the hell is precourt? do I just talk to the same DA, but this time maybe they come prepared or what? Do I talk to a judge, whats the deal?

Sorry if this really does not flow well, its late at night and all the other legal forums are so inactive... I cant wait a month for a 5 word reply. Thanks for any help or advice you guys can offer

 

[garrula lingua]

Try to advance the case - go the the court and ask the clerk to calendar the case that day, as you will be shipping out.

Go in uniform.

Be respectful. Hopefully, they'll be more seasoned Prosecutors in court, or the woman who tried to help you (sounds like she (court clerk?) was trying to run a 'rap sheet' to show you did not have any prior negative contact with law enforcement) will be sucessful.

Work with the Prosecutor - that's the only person who can dismiss this or reduce it to an infraction (loud noise, whatever). Don't show any anger - righteous or otherwise.

If the Judge sees your uniform, and is aware of the facts of your case and the reason for advancing the case, s/he will probably pressure the Prosecutor to resolve the case that day.

PS: your facts make NO sense; regardless of what happened, your description is incoherent.
Also, if you've been yelling about how the cops are wrong and your rights were violated, you've made it impossible for the Prosecutor to quietly dismiss or reduce the charge - you've challenged them to a jury trial.

 

[horst]

it really cant make much sense without a multipage paper being written up. This is a fast world these days so I know alot of people would just pass over the entire thing and rather not read anything. I apologize for this, but my only free time is ~11pm and later and by then nothing is coherent

I do belive the helpful lady was the court clerk, I actually fully explained my situation to her and she went out of her way to help. I was fairly quiet about what angerd me, the DA didnt really hear any of it because she wanted to get to the next person and the clerk was the only person free

Going in uniform is a good idea, thanks for the tip

as for asking a clerk to 'calendar the case that day'. Are you saying I should go in tomorrow and ask somebody to see if they can get my precourt date even sooner or are you saying the day of my precourt I ask them to set it up?

thanks for the advice garrula lingua

 

[garrula lingua]

Most courts will let you advance your case and have it heard by the Judge the same day (& you should get to talk to the Prosecutor before the court appearance).

Some courts have a heavy calendar or they may be in trial and won't allow it advanced that day (some Judges/clerks don't like 'walk-ins' and require it be scheduled on a following day).

Good luck.

 

[seniorjudge]

Most courts will let you advance your case and have it heard by the Judge the same day (& you should get to talk to the Prosecutor before the court appearance).

Some courts have a heavy calendar or they may be in trial and won't allow it advanced that day (some Judges/clerks don't like 'walk-ins' and require it be scheduled on a following day).

Good luck.

Ask for a court date now; these things are hard to schedule so get it on the calendar right now.

Just for what it's worth, I always thought anybody appearing before me in a uniform was taking a cheap shot....

 

[gawm]

What is the name of your state? Colorado
Jefferson County
I told them the truth, and so did my friend. That only pissed them off more (if we admitted to doing it they said they could get us off almost free, but we didnt do anything so we were not about to make that mistake)

A common tactic police use to get suspects to confess to crimes when they don't have any evidence. You never did say, did you admit to it then?

 

[horst]

gawm - all I did was tell the truth and keep retelling it. They kept trying trick questions, thats why eventually I asked for a lawyer, but that didnt seem to help

seniorjudge - if you think the uniform was a cheap shot, was it at least effective? At this point im not in to a fair fight anymore, I just want to get it over with. I doubt the other side will have anything at all to say anyways... If it happens to not have been effective then I will scrap that idea

garrula lingua/seniorjudge - is the court clerk the person I should be asking or is it somebody else. The courthouse is a massive building. Still time to show up today, im heading out in a couple minutes


Thanks again guys

 

[garrula lingua]

Horst,
SrJudge is right - the uniform is a cheap shot. But, right now, it works.

The court clerk can help with info & can try to get people to listen & help. Unfortunately, it's only the Prosecutor who can dismiss or reduce charges (the Judge can, under certain conditions, but s/he won't go agin the cops, or the Prosecutor, easily).

You have to reach the Prosecutor(s) and explain your circumstance.
Be very coherent with the Prosecutor; DO NOT say anything which can be used agin you at trial (the Prosecutor can be a witness agin you) - this definitely includes contradicting yourself.

PS: You're conherent on everything except the facts of the offense. I don't believe you for a second (neither will that Prosecutor). My gut tells me you were in someone else's car & interrupted, or you were somewhere where you, obviously, should not have been. Whatever, I was a Marine wife for a lot of years, so on that note - good luck.

 

[horst]

Well an update, the prosecutor said he wasnt interested in hearing my stories (it had taken hours alreadyjust to get to talk to anybody). I eventually was able to talk him into reading a couple of things the police wrote down and he agreed to lower it to a petty offence (3rd degree). He refused to dismiss it because somebody claimed to have seen my friend in a building and I said I was with him the the whole time so I placed myself there also. Oh well the Judge actually did want to hear a 5 minute summary, I paid 46 bucks and its over with. The judge suggested I try to get it removed and that its possible and when I get back I should talk to an attorney

Heh I met three other soldiers in the same courtroom (one of them being a prosecutor) and then when I paid my fine I found my Sgt. Standing right in front of me. The conversation that ensued was priceless

Oh yea one of the witnesses that was supposed to help them later called the police back and vouched for me! She realized I was the same guy that usually ran there. Overall I guess things went well but not as well as they should have - I still ship with the rest of the unit so I cant really complain

Thanks for all your help guys. seniorjudge I didnt wear the uniform, I stated I was a soldier and the judge smiled . Thanks again