first time under arrest

[lawandorder62]

Hello, I was arrested for not stopping right away when the sheriff turn the flashing lights on,(refusing arrest),I was not speeding or doing anything wrong,but I took long to stop,because I was looking for a safe place to park and he did not allow me to explain anything. at gun point he toll me to laid on the ground and that I was refusing to arrest. It is county road,it was dark allready.I spent the weekend plu 500 dllrs.150 for bond and 350 for inpound of my truck.It is my first time,I have a clean record.I am waiting for the indictment, on Jan 4,2010. what can I do to clear this matter.

 

[mightymoose]

Get an attorney. If the circumstances are truly as you explain them here then you will probably not have anything to worry about and can hold the agency responsible for your tow fees and maybe even other costs if it is found to be a bad arrest.
You are not required to pull over immediately. There is nothing wrong with looking for a safe place to stop.... however you shouldn't drive another 5 miles looking for a place...

Personally, if the scenario unfolded as I am imagining it, I would be looking to make heads roll. It sounds like an awful arrest.

 

[lawandorder62]

Thanks, I have been asking araund and everyone tells me the same thing,but is my first time and I worry,because is a criminal ofense and do not know how to defend myself.

 

[CdwJava]

How far did you travel from the point he activated his overhead lights until you yielded? How much time transpired?

What kind of "safe place" were you looking for?

 

[mightymoose]

I'm also wondering... if you weren't speeding or doing anything else wrong, why was the officer stopping you to begin with? Did you receive a traffic citation?

 

[lawandorder62]

I honestly do not know,I get nerves,and it was dark,plus the judge that bail me out,reduce the bond when she saw the report from 800 to 500. and knew that road, and advice me to turn on my emergency lights next time.will they tell me how many miles I drove before stopping? should I contact the judge about it?

 

[lawandorder62]

I drive an old truck 1990 ford and is wreck on the front it does not have a bumper, I travel 200 miles to go to work, from Kyle to Corpus Crhisti, the truck runs good, he wrote me a warning for a bulb for licence plate, but it was after he took me in.and now is a criminal ofence.I do not understand.

 

[mightymoose]

So you are saying you may have driven a few miles looking for somewhere safe to stop??

 

[army judge]

HIRE a lawyer and say nothing more to anyone BUT YOUR lawyer. This can be overcome, but will take time. In the meantime, YOU have the right to remain silent; use it!


Sent from my iPhone using Tapatalk

 

[lawandorder62]

yes,I drove I say 2 or 3 miles but not sure, I pass by and trying to be sure about the place where I stop and. I do not know exactly where he turn on his lights. I can not afford an attorney. I would like to learn more about the law and represent my self. is there a web site where I can get information, or a guide on how to approach the judge about it, maybe how to write about it?

 

[mightymoose]

Well if you drove that far before stopping I can understand the officer's response. However, your reason for not stopping immediately is reasonable... just not the length of time it took you to do so.
I understand now why the officer would have removed you from the car at gunpoint, which surely was a frightening experience, but he should have eventually come to a decision that resulted in a citation, not your arrest and tow of the vehicle.
You can easily justify not making an immediate stop in order to find a safe or well-lit area.... but continuing to drive a few miles in search of a place to stop is unreasonable.

You might be able to argue to get the fines reduced. You aren't going to get any jail time. Had you just stopped to begin with you would have gotten a fix-it ticket.

 

[army judge]

I am waiting for the indictment, on Jan 4,2010. what can I do to clear this matter.

Texas does not indict for traffic violations. For what are you expecting to be indicted?

 

[mightymoose]

She didn't quite say it, but she was arrested for evading/resisting.

 

[jharris352]

I can not afford an attorney. I would like to learn more about the law and represent my self. is there a web site where I can get information, or a guide on how to approach the judge about it, maybe how to write about it?

May I please make two comments about this:

1. You can't afford NOT to have an attorney. You have been accused of a crime that has serious implications to your freedom. You either need a court appointed attorney, which would likely suffice in this case, or your need to hire a privately retained attorney. While you MAY represent yourself I highly recommend you do not follow such a foolish course of action.

2. It irritates me to no end when people presume that law is some armchair subject that they can do an hour or two's reading on the internet and learn. The very fact that you think it is that easy to do is proof positive that you NEED an attorney. Even what we do here is not really LAW. We talk about law. The actual practice of LAW in an adversarial system where you have a TRAINED lawyer against you is quite a different story.

Let's say you got in a fair number of fights in school and that you even "won" those fights. Would you believe that you could do some push ups and jumping jacks in your garage and be able to beat the World Champion in boxing? Can you imagine going to a website chat room and asking for some "tips" on how to fight in the ring?

Law is a very serious, very complicated discipline of study and practice. Lawyers are not just being arrogant when they tell you that you NEED THEM. If the average intelligent person who "reads up" on the law goes to court alone he/she is like a gunfighter who has no bullets in a showdown against a gunslinger with loaded .45's

Law is simply not a game that you can learn over the weekend. For Gods sake go get an attorney.

 

[cyjeff]

May I please make two comments about this:

1. You can't afford NOT to have an attorney. You have been accused of a crime that has serious implications to your freedom. You either need a court appointed attorney, which would likely suffice in this case, or your need to hire a privately retained attorney. While you MAY represent yourself I highly recommend you do not follow such a foolish course of action.

2. It irritates me to no end when people presume that law is some armchair subject that they can do an hour or two's reading on the internet and learn. The very fact that you think it is that easy to do is proof positive that you NEED an attorney. Even what we do here is not really LAW. We talk about law. The actual practice of LAW in an adversarial system where you have a TRAINED lawyer against you is quite a different story.

Let's say you got in a fair number of fights in school and that you even "won" those fights. Would you believe that you could do some push ups and jumping jacks in your garage and be able to beat the World Champion in boxing? Can you imagine going to a website chat room and asking for some "tips" on how to fight in the ring?

Law is a very serious, very complicated discipline of study and practice. Lawyers are not just being arrogant when they tell you that you NEED THEM. If the average intelligent person who "reads up" on the law goes to court alone he/she is like a gunfighter who has no bullets in a showdown against a gunslinger with loaded .45's

Law is simply not a game that you can learn over the weekend. For Gods sake go get an attorney.

Couldn't agree more with this post.

You wouldn't look at a book or two on anatomy and then consult a medical website and consider yourself ready to remove an appendix, right?

There is a REASON law school takes several years and then the bar exam STILL fails a goodly portion that try to pass.

This is not a DIY project.

 

[army judge]

Upon further reflection, there might have been something going on (or burning down) during the two to three mile search for a "safe" place to stop!

 

[lawandorder62]

Hello, I am learning a great deal about the law from this situation and thanks for all the comments.

 

[ananas238]

Not pulling over immediately

In Baton Rouge, Louisiana there was a black man posing as a policeman. This was in the late 90's. He would pull over young white college girls in their cars in UNLIT areas. He would then kidnap them, rape them and kill them. I think he had at least a dozen murders before he was finally caught.

NO, you do not have to pull over immediately when the blue lights go on. From what you said, though, you were on a dark road that goes on for a long time. There was no well lit area for you to go to. I know you probably weren't thinking clearly on the spot, but you should have pulled over, cracked your window an inch and asked the officer to please follow you to a more well-lit area - did he have a place in mind that you could go? If he refuses to move the incident, then you should clearly explain why you are afraid in this dark area - could he please provide some credentials.

However, in most instances now, police do not even approach your driver's door. They might even ask you (from their vehicle) to get out the car and approach them at their headlights. If he really is a rapist, then your life is in mortal danger. I honestly don't know what to do in that situation - maybe open your window and yell out the car "I don't feel safe being pulled over here, can we move to another area" - preferably with bright lights and a camera. GET AN ATTORNEY. WORK OUT A PAYMENT PLAN.