Arrest, Search, Seizure, Warrant Brother Arrested Two Counties

[rtr1]

Hello,

I have a question regarding my brother... My brother was arrested by Spartanburg SC police and charged with three felonies June 29th 2006. He was then held without bail for nearly five months. Bail was finally granted and posted in mid November 2006. Last week (1/24/07) he was arrested by Greenville SC police and charged for the same exact crimes and is being held without bond. I am told that Greenville and Spartanburg are neighboring cities but reside in separate counties, supposedly these crimes were committed in both counties and the accuser filed complaints in early January which led to my brothers second arrest. My brother states that he was not read his rights during both arrests and is not guilty of these charges. During the first arrest he states that he was tricked and railroaded into a confession of these charges. I truly believe that he is innocent of these charges..... This doesn't set well with myself and the rest of our family.... Is this legal????
Can a person be released on bond and be arrested a second time by another police department in a different county and charged for same alleged crimes? Your input regarding this matter would be greatly appreciated.

Best Regards,
RTR

 

[seniorjudge]

Q: Can a person be released on bond and be arrested a second time by another police department in a different county and charged for same alleged crimes?

A: They are not the same crimes; there are two different sets of crimes committed in two different jurisdictions (based solely on the facts in your post).




Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

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 six 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.

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

Public defender's advice

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


Other people may give you other advice; stand by.