Running from police on motorcycle

[Equin]

An officer recently attempted to pull me over on my motorcycle in Merrimack, New Hampshire for an illegal pass. When I saw him coming I quickly ran from him and easily lost him in a straight-away

Bad part is, though, this officer knew exactly who I was and had a couple of witnesses who gave him my name. I've known this officer from school for a couple of years.

He asked me to come down to talk to him today. He explained that the max. penelty for this is reckless driving and disobeying a police officer. The minimum is unlawful passing and unreasonable speed. He said that he would just give me the tickets for those since I've known him for awhile. He also asked me to write a statement, though, telling exactly what I did. I put on the top VERY clearly that both parties had agreed to the two penelties (listed them too) and that no additional charges will be filed.

My question is - If the police department tries to bring me to court for this, is my statement admissable? I did make it clear that I was under the impression that the charges were the two traffic violations.

Thanks!
-Equin

 

[seniorjudge]

Q: My question is - If the police department tries to bring me to court for this, is my statement admissable?

A: Yes, if you properly waived your constitutional rights.

By the way, a cop and a criminal cannot make a binding agreement on what charges should be filed. That is totally up to the prosecutor.

 

[Equin]

What do you mean "If I waived my constitutional rights" ??

 

[I AM ALWAYS LIABLE]

What do you mean "If I waived my constitutional rights" ??

My response:

Look up Miranda vs. Arizona.

IAAL

 

[qc415]

this is probably not what you want to hear but you pretty much just signed a confessional and are now at the mercy of the state. miranda isn't applicable if you weren't arrested or charged.

 

[LSCAP]

Miranda is supposed to be given, Before you are questioned, Regardless of whether you are arrested, and/or charged. I dont see anything in that op saying He was advised of any rights.

http://asl_interpreting.tripod.com/situational_studies/gjs1.htm

The landmark case of Miranda v. Arizona was a U.S. Supreme Court case which resulted in a ruling that specified a code of conduct for police interrogations of criminal suspects held in custody. Supreme Court Chief Justice at the time Earl Warren, who cast the deciding vote in the five-to-four majority ruling, declared that the prosecution may not use statements made by a person under questioning in police custody unless certain minimum procedural safeguards were followed. The court established new guidelines to ensure "that the individual is accorded his privilege under the Fifth Amendment" not to be compelled to incriminate himself (eb.com).


To Equin, Be glad someone didn't wear gear like yours and commit a robbery or something. You seemed to have given a confession. One that I doubt is legal.

Again I am reading a thread about someone not "positively identified".
Am I missing something in the law about acceptable identification.

 

[Equin]

I have known this particular police officer from high school - he's the resource officer there. I think that he is being honest about just giving me the traffic tickets and moving on, avoiding court and all that.

I am just making sure that they can't use that statement against me. He gave no mention to my legal rights, the conversation was more casual (In fact I drove there to the station to talk to him and drove home on the same vehicle I ran from him with). I did make it clear on the statement that I was writing it because we had reached an agreement, etc etc.

Thanks for the advice!
-Equin

 

[seniorjudge]

I have known this particular police officer from high school - he's the resource officer there. I think that he is being honest about just giving me the traffic tickets and moving on, avoiding court and all that.

I am just making sure that they can't use that statement against me. He gave no mention to my legal rights, the conversation was more casual (In fact I drove there to the station to talk to him and drove home on the same vehicle I ran from him with). I did make it clear on the statement that I was writing it because we had reached an agreement, etc etc.

Thanks for the advice!
-Equin

You need to re-read my answer to your question; it's apparent you haven't learned a thing from this thread.

 

[Equin]

I don't think I completely understood the answer, then. Sorry

 

[seniorjudge]

A: Yes, if you properly waived your constitutional rights.

You do not have to talk to the cops. If you talk to the cops about a crime they think you committed, then you give up your rights not to incriminate yourself and to have a lawyer with you. Anything you say can and will be used against you if there is a trial.


By the way, a cop and a criminal cannot make a binding agreement on what charges should be filed. That is totally up to the prosecutor.

There are three people here let's look at: you, the cop, and the prosecutor. You and the cop might have agreed about what kind of charge should be filed against you, but that agreement doesn't bind the prosecutor. The prosecutor doesn't have to pay any attention to what you and the cop agree to; the prosecutor is independent.

 

[Equin]

Yeah, this didn't seem right.

The cop had me write on this statement that we had agreed to the two tickets mentioned and that there would be no court, etc.

So basically now they have a statement that has a 'disclaimer' of sorts on the top.

One other thing to note - I am a minor, does that matter at all...?