Well the reason I ask is because I am being falsely accused of a crime that I did not commit. To make a long story short, my girlfriend's ex-boyfriend had his car messed with. Somebody apparently poured paint stripper all over the top of his car and I guess the damage estimate is $500. So the guy files a complaint to the police and accuses me and my girl for doing it because he thinks she and I were trying to get back at him. The cop called up my girl and asked her to come in and talk to him. So she did and I guess he drilled her on a bunch of questions. Apparently there was no evidence left whatsoever so they can't pin it on anybody. But my girl told me that the cop was basically drilling her so bad because he wanted her to admit something. Well now the cop wants to talk to me and has asked me to come in to talk to him. He mentioned something about a lie detector test. My girlfriend hired a lawyer that she knows personally and I am also getting the same lawyer. He said that she didn't even have to go into the station to talk to the cop. He tells me that I should not talk to the cop and if he calls again to tell him to contact my lawyer. So how does this all work? What's going to happen to me? Can you get arrested based just on motive or possible cause??? It sounds like they (the police) are just going by word of mouth and motive but no evidence. In this state, the crime we are being questioned for is a class A misdemeanor and is punishable of up to 180 days in jail and up to $1000 fine...
Any law experts here???
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The Radius Kid
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Tell the cop to pi$$ off!
I assume you and your girlfriend can alibi each other?
"Sorry officer,my G/F and I can absolutely state that we were together the whole night and day at the time in question".
The next time he asks or bugs you,sue his butt for harrassment.
Sue the ex beau's too for making false accusations.
Afterall,your legal council ain't free either.
I assume you and your girlfriend can alibi each other?
"Sorry officer,my G/F and I can absolutely state that we were together the whole night and day at the time in question".
The next time he asks or bugs you,sue his butt for harrassment.
Sue the ex beau's too for making false accusations.
Afterall,your legal council ain't free either.
I have an alibi (sp?)...the cop won't even give me an exact date of the crime...but tells us that it was within a certain week of october and happened at 2 in the morning. not to mention this idiot files the complaint 2 weeks after the crime had already happend to his car!!!...well i was working midnights at my previous job at that time when apparently it happened!!! plus i have people who saw me come home too...my g/f was in chicago at school at the time (almost 100 miles away from the crime)
sounds like they can't do anything to us no matter how hard this guy tries...he's really making it sound like to the cop that we tried to get revenge on him or something...i guess if they try and arrest me or something i can sue can't i???
sounds like they can't do anything to us no matter how hard this guy tries...he's really making it sound like to the cop that we tried to get revenge on him or something...i guess if they try and arrest me or something i can sue can't i???
The Radius Kid
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Sure sounds like harrassment to me.
He's on a fishing expedition.
Tell him to get lost.
Ask your lawyer about the two lawsuits.
He's on a fishing expedition.
Tell him to get lost.
Ask your lawyer about the two lawsuits.
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Well, believe it or not, in this country, when it comes to being accused, you ARE guilty until proven innocent.
I have nothing but praise for law enforcement, EXCEPT for their interrogation tactics. If they're convinced you're guilty, they'll hound you, grill you, belittle and badger you until they're blue in the face!
When me & Vick got married, I had a guy renting a spare bedroom upstairs. And the kids couldn't stand that door being locked, and somehow got in when we didn't know it. Seems they found pot growing in there...We were married all of 5 days, when the cops came to the door with a search warrant. They broke down the door (I didn't even have a key, and hadn't even looked in the room since he moved in 5 months before) and this red-headed bitch from hell (my wife's words) decides WE'RE guilty of growing pot. We got fingerprinted in our own kitchen (for our own protection), Vick got told (out of my presence) that she married " a low-life f***king drug dealer" and would lose her kids if she didn't cooperate... I got told "there's no way you don't know what's going on up in that room, you better just tell us now and make it easy on yourself"...We both were told several times that "the best fingerprint expert in the western United States was up there dusting for prints, and when they found ours, we could kiss our house & kids goodbye!! Oh, and every 5 minutes, the "good" cop kept telling us very nicely "things will go much easier on you if you just admit to this now, before we find something up there"...
That $#it went on for 4 hours, in my own house! And all we could say was "sorry, we had no idea he was growing pot up there!"
Turns out he had all of 6 dinky plants, which he was growing for his own use. He'd had a doctors prescription to smoke pot since he was 18 years old, for some sort of very painful degenerative back disease that was caused by a doctor when he was a kid. He'd been caught with pot, or growing pot, about 20 times by then, and the judge always threw his case out of court because of his "get-out-of-jail-free" prescription! For this, the cops turned the door jamb into splinters, had dirt and everything else in the room all over the carpet, and all onto the roof outside the window...
I had an ironclad rental agreement, and the only fingerprints they found, were his, and our kid's. We never so much as touched the door knob for months! Did a single cop or narc come back to our house, and so much as apologize for the inconvenience? Actually, all they did was get extremely pissed off for wasting 40+ man-hours on the ordeal when the judge threw their case out of court (again!), and STILL tried to blame US for it!
My advise?? Smile, and say "sorry, I didn't do it" to EVERY question they ask! And you DON'T have to submit to a polygraph test! The ONLY reason I'd even CONSIDER it, is if they CHARGE you. And they can't charge you on "heresay" evidence.
(ah, memories)
I have nothing but praise for law enforcement, EXCEPT for their interrogation tactics. If they're convinced you're guilty, they'll hound you, grill you, belittle and badger you until they're blue in the face!
When me & Vick got married, I had a guy renting a spare bedroom upstairs. And the kids couldn't stand that door being locked, and somehow got in when we didn't know it. Seems they found pot growing in there...We were married all of 5 days, when the cops came to the door with a search warrant. They broke down the door (I didn't even have a key, and hadn't even looked in the room since he moved in 5 months before) and this red-headed bitch from hell (my wife's words) decides WE'RE guilty of growing pot. We got fingerprinted in our own kitchen (for our own protection), Vick got told (out of my presence) that she married " a low-life f***king drug dealer" and would lose her kids if she didn't cooperate... I got told "there's no way you don't know what's going on up in that room, you better just tell us now and make it easy on yourself"...We both were told several times that "the best fingerprint expert in the western United States was up there dusting for prints, and when they found ours, we could kiss our house & kids goodbye!! Oh, and every 5 minutes, the "good" cop kept telling us very nicely "things will go much easier on you if you just admit to this now, before we find something up there"...
That $#it went on for 4 hours, in my own house! And all we could say was "sorry, we had no idea he was growing pot up there!"
Turns out he had all of 6 dinky plants, which he was growing for his own use. He'd had a doctors prescription to smoke pot since he was 18 years old, for some sort of very painful degenerative back disease that was caused by a doctor when he was a kid. He'd been caught with pot, or growing pot, about 20 times by then, and the judge always threw his case out of court because of his "get-out-of-jail-free" prescription! For this, the cops turned the door jamb into splinters, had dirt and everything else in the room all over the carpet, and all onto the roof outside the window...
I had an ironclad rental agreement, and the only fingerprints they found, were his, and our kid's. We never so much as touched the door knob for months! Did a single cop or narc come back to our house, and so much as apologize for the inconvenience? Actually, all they did was get extremely pissed off for wasting 40+ man-hours on the ordeal when the judge threw their case out of court (again!), and STILL tried to blame US for it!
My advise?? Smile, and say "sorry, I didn't do it" to EVERY question they ask! And you DON'T have to submit to a polygraph test! The ONLY reason I'd even CONSIDER it, is if they CHARGE you. And they can't charge you on "heresay" evidence.
(ah, memories)
wow BFH...that's a very interesting story...yes i completely agree that you are always GUILTY until proven innocent!!!
i just found out this browsing the net:
But -- You can be arrested without being read your Miranda Rights
The Miranda rights do not protect you from being arrested, only from incriminating yourself during questioning. All police need to legally arrest a person is "probable cause" -- an adequate reason based on facts and events to believe the person has committed a crime.
Police are required to "Read him his (Miranda) rights," only before interrogating a suspect. While failure to do so may cause any subsequent statements to be thrown out of court, the arrest may still be legal and valid.
is this true??? can they come to my house and arrest me just because that idiot ex boyfriend SAYS i did it, but no evidence whatsoever??? i don't feel like being thrown in jail for a night and having to pay bond to get out!!! can my lawyer prevent this? the reason i am asking all this now is because i have set up an appointment with the lawyer tuesday so i haven't talked to him yet...i've never gone through such a predicament before so i am a little nervous...
i just found out this browsing the net:
But -- You can be arrested without being read your Miranda Rights
The Miranda rights do not protect you from being arrested, only from incriminating yourself during questioning. All police need to legally arrest a person is "probable cause" -- an adequate reason based on facts and events to believe the person has committed a crime.
Police are required to "Read him his (Miranda) rights," only before interrogating a suspect. While failure to do so may cause any subsequent statements to be thrown out of court, the arrest may still be legal and valid.
is this true??? can they come to my house and arrest me just because that idiot ex boyfriend SAYS i did it, but no evidence whatsoever??? i don't feel like being thrown in jail for a night and having to pay bond to get out!!! can my lawyer prevent this? the reason i am asking all this now is because i have set up an appointment with the lawyer tuesday so i haven't talked to him yet...i've never gone through such a predicament before so i am a little nervous...
The Radius Kid
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I think your last line said it best.NO direct evidence.
No proximity.Nothing but a hunch.
Screw off officer.
No proximity.Nothing but a hunch.
Screw off officer.
The Radius Kid
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Originally posted by d0n_3d
i guess i shouldn't be worrying then...sounds like they can't do anything...hey maybe i should go accusing people of causing door dings on my car/truck!!! that's about the same comparison as this idiot is trying to do to me
Uh huh,and cost you legal fees.
Originally posted by The Radius Kid
Uh huh,and cost you legal fees.
since we know this lawyer personally he's not charging us for the first visit...i'm allowed to talk with him about this situation and he's allowed to give me advice and stuff...but if this goes any further than i will have to pay him probably a couple hundred...my g/f has already talked to him and he told her if the cop calls again to give the cop his #...the cop asked her if she would submit to a lie detector test and she said yes but the lawyer told her not to do it so she's not going to do it...i mean what if you are innocent and the polygraph says you are lying just because you are extremely nervous or something? you are going to jail just because of some stupid machine...
the cop has not got one word from me...he's called me twice this past week and told me "please call me back if you are going to talk or not"...ha just leave me alone! it's funny because this police department is 3 counties away from me and like 50 miles...i dare him to drive all the way here and arrest me...i might be a little richer when this is all done
The Radius Kid
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Maybe this guy did an insurance job on his own car and decided to cause you some grief in the process.
You might want to mention this to the cop,if he comes back.
You might want to mention this to the cop,if he comes back.
The Radius Kid
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BTW,whta kind of car does he drive,condition,etc.?
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Can they arrest you? YES, you can be arrested for NO REASON other than SUSPICION...This is so they can keep track of you while they're looking for evidence (which is a GOOD thing for guilty murderers, and a BAD thing for innocent vandals!)
However, they must CHARGE you within a certain amount of time...The specifics will take a lawyer!
However, they must CHARGE you within a certain amount of time...The specifics will take a lawyer!
The Radius Kid
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That may be,however they must have some *reasonable basis* for their suspicions.
I don't think a "someone thinks maybe" is gonna' do it or they would have arrested him by now.
Heck,they wouldn't even ask him about where he was at a particular time.
They're definitely "shooting blanks".
dude they haven't even asked me of where i live, any information of me besides my cell phone number and my full name...
this complaint was filed on november 2nd i think...around there...apparently the crime was commited like the middle of october...they couldn't even contact my g/f because she was in school in chicago, they got to her first...1 month later because she came home for thanksgiving break...the cop kept telling her that she could come in on her conveinence!!!once they found out that me and her were dating then the cop wanted to know about me...he called me about a week and a half ago...i haven't said nothing to him...he called again a couple days ago asking me to please call him back to let him know if i was going to talk or not...i haven't spoken to him and i talk to my lawyer on tuesday like i said...what a bunch of BS
