i got artested bc my buddy is a freaking retard.
he just got his truck so me and another friend go to check it out and go for a ride in it . so we go for a ride and end up in a park. to turn around b4 we got lost. so mind you this is 12 in the morning and it's raining. so as he goes to leave he stops and asks if we think their is cameras . me im thinking he is gonna light the wheels up to see if he got posi. rite wrong. he goes up on the grass to drive on it gets stuck. rips some grass up bc he was stuck . the police show up. we all end up getting charged with "Criminal mischife" and a sumuns for being in the park when it's closed. which i think is bull bc me and the other passanger didnt do a thing but are being chaged with the same . does anyone think that me and the other pass. have a shot of being droped to a Mr meaner. or nothing but the park sumons?. or are we all guilty.
or what if the driver takes the full blame?
In NY Criminal Mischief is a Misdemeanor under certain conditions. Pretty sure its the same in Jersey. Time to pick up the phone and find a lawyer.
look up a law book at you library. Make sure that you look up the exact definitions of criminal mischeif. It is their catch all. Basically what you were doing dosent have a law written against it specifically. Screw state lawyers. I have been arrested over 10 times. every time I used a public defense person I got screwed. If you just look up the law, be honest with the judge, and tell him(or her) that you will never do it again and that it was an accident as well as a one time thing, they usally wont go to hard on you. My freinds got a criminal mischeif charge for dragging a aluminum bat out of the window of a car, to sharpen the tip. Wasent the smartest thing. Only one of my freinds got charged because he was the only one 18 or over. and technically since he was the adult, he was responsible for the others. So everyone else got off and he only had to pay a $500 fine.
after reading that it looks really really bad. I am not evil, my freinds are. I know how you feel.
I don't see how you can be charged with anything, since you didn't actually DO anything. just say you weren't a voluntary partint in the crime. just tell the judge the truth; your friend's an asshat
Sounds like a bad situation.
Mr. Meaner isn't a very nice guy, so good luck with that.
dam, thought this would be about dare when i saw the title. anyway, im sure you can get it droped even if you get your buddy to admitt that it was all his fault. then if you guys want, you could all chip in on his fines just to be friends. other than that, you guys could have gott'n out of the car at any time so i wouldnt realy argue that case unless you get him to say that it was his falt and he accepts full responsibility.
THAT'S NOTHING... i've been arrested for quite a bit more. Anyway, DENY EVERYTHING! If you go infront of a judge, you better say "Sir, i am innocent, and i will not plead guilty to this charge" if you have too take it to a jury. stick with a story, they will let you go.
I agree with zpyro tell the truth you couln't just jump outa the car you were a passenger at the mercy of the driver. By the time you realized he was going to be stupid the act had taken place. he did not consult you beforehand. As for being in a closed park just explain you were lost and turning around, and were again at the mercy of where the driver directed the vehicle.
LOL! Thanks! Had it been me, sence it wasn't my truck, I'da took off running! Most of my friends would not give me up, I don't know how loyal your friends are though.
"I agree with zpyro tell the truth you couln't just jump outa the car you were a passenger at the mercy of the driver. By the time you realized he was going to be stupid the act had taken place. he did not consult you beforehand. As for being in a closed park just explain you were lost and turning around, and were again at the mercy of where the driver directed the vehicle."
my Case Exactly. i didnt want to do any harm or cause any trouble.
oh can someone clear this up for me. arent the police saposed to read you your rights when they are cuffing you and then stuffing you in the back of the car? because if so . then they done messed up bc they didnt read our rights till we were being released. well im gonna go consult with a lawer and see what they say to do
they are supposed to read you your rights before you say anything. techincally you can confess completely, then they read you your right to remain silent, and your whole confession is useless to them, because you didn't know you could shut up at any time. just ask mr. miranda :p
if they didnt read you your rights, you can get off of anything. And they cant charge you with anything else. But that is only if they arrest you. Unless they booked you or took you "downtown" that wouldnt hold up against anything.
Haystack,
Not necessarily true on the rights reading... Rights only have to be read IF QUESTIONS ARE ASKED. If you pony up info without being asked to do so and your rights were not read what you said can be used. In cases where someone is seen by the cop doing something and he arrests them rights may not be read at all.
well i was booked and they tryed getting info out of us like making my buddy say he was bajaing but he never confessed to anything but they waited till after we were booked and all that bs to read us our rights after the questions. but they never really asked us anything of importants. just where we live and our info.
i was talking with a guy and he says i should just go and plead guilty with a reason and just say im guilty for being in the wrong place at the wrong time and was at the will of the driver and was nothing i could do and we never had the intent to do any harm or criminal acts. my buddy just turned around got stuck in the mud and now here we are. the guy i know says since it's my first time they should go easy on us. and we should only have to pay a fine and be done with it .
pleading guilty will give you a record that will follow you when you try gettin a job, loan, etc. Once you plead guilty the judge will shut you up, and not want to hear the with a reason part. If nothing else maybe plead no contest
you better rewind and drum up a reason why you were not able to leave your friend after you discovered you were in a closed park after authorized hours. This will be the more important for your case ,,, not the about mud bogging in a grassy park. It was a tight call for the cop but again,, did you attempt to obey the law after you entered a closed park?
just another set of eyes seeing a different view, prep up your reason but dont ever plead guilty to this. Once you do,, your done, case closed on you.
well he was turning around when he go stuck we were on our way to leave and the reason i didnt leave was bc my car was really far away from where i was and i wasnt gonna walk over 3 miles to my car bc he go stuck . he was only stuck for like a minute at most b4 the cops showed up.
it does not matter if they are asking you questions or not they have to read you your rights when they arrest you or bring it up in cort and it will be thrown out because the cop did not do it. it is called the miranda rights for a reason
you should probably call a lawyer. Most likely it'll be worth a few hundered bucks if he can clear this up for you
Lostbrew . TRUST me on this one They Do not have to be read on the spot. Only before questioning commences IF it commences. Felony charges of course are a must, but for say a Disorderly Conduct Charge which carries about the same weight as a speeding ticket (a simple violation in NYS) where the conduct MUST BE VIEWED BY THE ARRESTING OFFICER it may not happen. Example: People do get arrested and go straight to the hospital for whatever reason. Let's say some guy runs when the police try to pull him over. He hits a telephone pole and gets knocked out. He goes straight to the hospital, but is technically under arrest for reckless endangerment ( a misdemeanor) Rather than have someone sit on the guy till he wakes up which could be a few hours on a busy Saturday night The supervisor authorizes a desk appearance ticket, it is given to the kids mom who has shown up, no rights were read, and according to law its an arrest. DA's out here actually prefer that the officer waits and does not ask anything of the defendant right away and wait until the defendant is back at the precinct. That way defense attorney can not state that their client was not given time to think about what they would say to the police. I know the above example is what some would see as like a one in a million shot, but it happens more than you think. Should rights be read if the defendant is awake and coherent ABSOLUTELY. That does not mean that they have to be read the second the cuffs slap the back of someone's wrist.
well im getting this number for a lawer from this lady that i work with . to just go and talk with him to see what he can do for us and what he thinks about the situation. I agree I may just be beter off paying the lawer a few bills to clear our names and not have to worry about jobs and such or a record for life over some bull $hit.
Paul Flockhart you may think you understand the law but this is the truth found on about.com off of google so everyone can find it. thank you have a nice day
Q. At what point are police required to inform a suspect of their Miranda rights?
A. After a person has officially been taken into custody (detained by police), but before any interrogation takes place, police must inform them of their right to remain silent and to have an attorney present during questioning. A person is considered to be "in custody" anytime they are placed in an environment in which they do not believe they are free to leave.
Q. Can police question a person without reading them their Miranda rights?
A. Yes. The Miranda warnings must be read only before questioning a person who has been taken into custody.
Q. Can police arrest or detain a person without reading them their Miranda rights?
A. Yes, but until the person has been informed of his or her Miranda rights, any statements made by them during interrogation may be ruled inadmissible in court.
I think the law and it's interperetation and little ordinances, etc can vary from state to state, city to city and even from one officer to the next. About.com is NOT the end-all, be-all when it comes to Law Enforcement. :rolleyes:
EDIT: Screw around in the park after hours and that's what you get. That's how it is in the eyes of the cop. Guilty by association. Besides, don't job apps ask for FELONY convictions and not misdemeanors?
yes all almost all job apications ask if you have been arrest and if you answer yes they ask you to put down what it was for
They ask if you've been arrested or convicted on FELONLY charges, though.
Correct me if i'm wrong but...
1. I do believe Paul mentioned he is a policeman himself...
2.
I don't recall the questioning ever beginning...
But anyways, yea, I gotta agree with jcassity and the rest on this one. Do NOT plead guilty and try looking for a loophole, you'll only end up screwing yourself.
C'mon dude, policeman or not, Paul's got NOTHIN' on About.com! :rolleyes:
..as this thread suddenly becomes unintentionally hilarious..
wow suddenly this thread is full of b-holes like normal and i wonder why i try
Maybe because you took a know-it-all attitude with someone who obviously has personal experience with the subject. Personal experience holds a LOT more relevence than a goded google search.
Step back to the real topic for a second. Miranda rights involve questioning and submission of evidence. Miranda rights are not a loophole so someone can say "oh, I wasn't read my rights so I'm immune!"
Time to bump the OMGWTFBBQ level up a notch for this thread:
I assume you're directing that comment as me as well. I only attempted to point out that yes, it is possible that you are wrong about certain things despite your access to the internet, and yes, others just
might have a little more knowledge about certain topics. Not everything portrayed by TV is 100% accurate.
But thanks for being the first one to start calling other people names and flinging the shiznit around.
IBTL - sorry about this TC. Didn't mean to get involved.
IBTL! :evilgrin:
(http://www.dnet.net/user/jkirchman/gifs/locked.gif)
, we need that smiley here. :p
guys relax... im gonna make an apointment with the lawer to see whats going on and then we will see what i can and can not do and if the police did do anything wrong or we will find out the hard way on the 15th of march my and my buddies court date. i am still sticking with that i was at the mercey of my dumb buddy who was driving and had no intentions of doing any harm.
but if i do get jamed up im gonna take my mustang and do some ripping with the snow tires and i'll show them what criminal mischife is... their wont be a lawn left lol. or i'll most likely just sit on my ass and do nothing and dream about doing that ..
but on the real guys Nock it down a notch on the cafine or sugar. some of you guys are really stressing over others opinions way to much. and you should just ignore them. most people wont keep things going if they dont get a reply on their stupidity. im not saying anyone is stupid but we are all adults.
"Lawer"? Unfrozen Caveman Lawer? heh
you know what i ment. lawyer. beter
Whoa, calm down there.. it was a joke. Old SNL skit, "Unfrozen Caveman Lawer" or something like that, where Phil Hartman was a.. you guessed it.. unfrozen caveman lawer. I don't remember if they said it that way, I just remember people in other forums quoting it as such.
Sounds like you need to take your own advice. :nono: :giggle:
EDIT: So officially it was "Unfrozen Cave Man Lawyer": http://snl.jt.org/char.php?i=111 Lawer still sounds funnier, tho.
sorry if i came off as hard but i took no offence to the coment . my bad of being . a yeah.. we got the point rite
:shakehead
Nice! By the way all us a-holes say hi and thank you.
Yes. and on a side note Crown Vics are even worse in the snow then our cars.
I guess I have to repeat myself on what MY opinion was since you took the example that I used and thought it was my opinion. Like I said in rare cases it CAN happen.
Custody in this instance above from the About.com site means that the individual has been placed under arrest. According to NYS Criminal Procedure Law a person can be detained for "a reasonable amount of time" by a police or peace officer in order to ascertain information regarding an offense against the law should that individual fit the description of the offender or has been identified as the offender. Questuions can be asked at this time and Miranda rights do not have to be read. The person is detained however not under arrest. Again Hi from an a-hole :grinno:
all in all, this is a pretty minor offense to say the least and not really worth any worry. Its not something ever worth documenting on a job application but its your call.
If anyone would like to know, i got arrested for being in a park in in ocean view down in Va Beach after hours. I had a cast on my whole left leg and was put in cuffs and taken down town. S patrol with the navy had to come and get me and it was all just a complicated mess. The officer kept tight to the issue that my simply using the park as a means of redirecting my vehicle because i missed my turn was breaking the law,,,,,Park closed sonney.
It sucks but its not gonna amount to anything in the long run. Its a very very small issue and life will go on. If this is the worst you can do to be a bad person,, your fine.
You'll be fine
ok so what if.. what if the driver stands up and takes full resposability. for his actions and says me and the other guy didnt know what was going on and that we truly were in the wrong place at the wrong time...
oh and i just thought of the best thing that he could have said but may be to late now to swich up or add into his story. that he just got the truck after the motoro has been changed and the throttle stuck and he hoped the curb in an atempt to stop the vehical and tore up the soft ground bc it was stuck .!!! i wish i thought of this b4 .
How about not lying. They won't send you to jail for this. A minor blemish on your record. I bet my driving record looks worse than having something like criminal mischief. Don't try to make up stories.
technically any question on an application is at will. You dont have to answer it. Also you could argue that an equal oportunity employer shouldnt look into a criminal back ground, unless they work as a register person or something. Chances are pretty good, that since you werent driving that they wont do much of anything. If you do get a misdemenor charge, it holds the same as a ticket. No one would even know about it unless they were looking for it. If it says have you even been charged with a felony, just check no. If they dont hire you, its not that big of a deal. Its not like you already had the job and they fired you for it.
im not saying lie now but then and their that may have worked beter than he was turning around. it's over with now. i just hate the fact that i didnt do a thing and didnt have anything to do with his choice and im getting screwed over some Bull.
time will tell.
"...And justice for all "
It is not that big a deal in the grand scheme of things like so many others have said. First time and not driving the criminal mischief might go away. That leaves the tresspassing. Since it was a park it should not be much of anything. Tresspassing becomes a bigger deal if you were in a house or home.
well i sure hope that the michife goes away. i knew the ticet for being in the park isnt gonna go away. and they will probably hit me with the 35 bucks for court .
makes me wonder why you came back to the board after the "im leaving, everyone treats me like sh*t" ordeal a while back... :shakehead
CougarCoupe88, just tell the truth, be completely honest, what are they going to do? put you in jail for sitting in a passanger seat of a car with a nutty driver? youll be alright
yeah crown vic do kinda suck on ice and such. My dads station wagon aint bad though. 5200lbs empty, with a 52/48% weight distribution.
The lady I bought my grand marquis from told me that her new car ('96 CV) isn't as good on the snow as her old one was. Methinks the newer ones are lighter in the ass end.
Yeah but in the trunk we carry:
Full size spare
2 5lb fire extinguishers
1 oxygen tank (10lbs)
1 bag with assoted medical supplies (another 10-15 lbs)
5 traffic cones
2 boxes of road flares
1 set of snow chains
1 life ring
It's still horrendous
I haven't had my Grand Marquis in real snow yet, either, so I can't really say that it's too good. Your cars have trac-lok, I assume?
tires. it may be them.
IBTL! Oh, wait, I could lock it, if I wanted to :D
Not gonna, though, at least yet. It hasn't degraded to smackdown-worthy status yet...
Paul: I build cop cars for a living and that's just about the biggest concern the officers I talk to have with the Ford cop cars - the CV's are the shiznits in winter. Even with the really expensive V-rated Goodyear snow tires the local cars wear. The Impalas are better, but their durability is very poor. The Crown Vics get retired when they require a major repair after 200,000 km's. Impalas get retired at 150k, major repair or not, because they are very unreliable after that. The Caprice was a bulletproof cop car ('cept the rear ends) and a lot of cops still miss 'em. Hell, there's one local highway cop that's still driving one. He won't give it back, and he writes enough tickets that they let him get away with it.
I can't wait to see the Magnum cop car coming out. Hemi? check. AWD? check. Lots and lots of room for equipment? check. Badass looks? check. Kinda trumps the CV in all areas...
I agree on the Caprice's. They were great. My buddy got a 98 Caprice LTZ with the LT1 motor and some 3.73's. He picked it up with about 40K on the odometer. It's burgundy and has a buch of trim on it that makes it appealing to those who ingest lots of GERITOL. Been in it when he surprised a few Camaros and whatnot. Great sleeper!