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So I got arrested... (self.legaladvice)

JuicePouchGZ が 投稿

I am a 14 year old US citizen who was recently arrested, here is EXACTLY what happened. Me and my friend were walking out of Hy-Vee because we had just bought some m&m's to snack on as we walked around the town and hung out together. The time was roughly 3:45am when a police officer who was NOT in her jurisdiction quickly jumped out of her car and yelled at us to stop. We stopped and she told us that we were in trouble. We asked what for and she responded with, "you know what town you are in right?" followed by, "you are out past curfew." She asked us our names and we asked if we were being detained. She responded with yes very quickly as if she was in a hurry. She said that we could do this the easy way or the hard way right before she asked us our names again. We refused to tell her our names after we asked why we were being detained and got only "because" as a response. She told my friend to get in the car and he refused while asking why he was being detained. She then grabbed his arm and literally threw him in the police car. She called for "backup" and then proceeded to grab me and put me in the car. I somewhat resisted because I wasn't told why I was being detained. My friend and I were in the backseat demanding to be released as it was a violation of our rights to keep us without valid reason. When she got out of the car my friend told me to call my mom so I did... 6 times before she finally answered. When she answered I told her our situation and before I could tell her exactly what Hy-Vee store we were at an incredibly violent cop ripped open the door while screaming at me to get off the phone. The officer gave me less than a second before pulling me out of the car resulting in me hitting my head on the parking lot. As I was upside down he and the other 2 officers restrained me as my friend watched and told them that they couldn't do that. I have never been arrested before and it is literally human nature to respond to an attacker with by fighting back a little. I realized that I should calm down and quickly did as they pulled me out to put me in a different car. My friend was yelling police brutality as they violently shoved me in the other cop car. I sat in the car as they literally just stood and talked for around 45 minutes. The same cop who attacked me to get me off of my phone came and asked me if we had stolen anything from the store and I obviously responded with no. The cop then said, "so if we go in and ask they will say you bought these?" as he gestured towards the m&m's. I replied with, "of course!". He sent a cop in to ask and when he returned he told the cop that the only cashier working at the time confirmed that we bought them. Of course there would be no more mentions of that for the rest of the night. I asked the cop if I was being detained and he said yes. I asked, "What charges am I currently being held for?" he said trespassing and harassment. I asked how I was trespassing and I asked who I harassed. He told me that I was being charged with harassment of an officer and trespassing on private property. The private property he was talking about was a trailer park nearby which I live in. I told him that I lived there and he literally said that he didn't care. I sat in the car for a good 30 minutes before being asked to sign a paper which I read through and later signed because it was just a contract type thing that once signed was saying that I acknowledged that I was receiving a citation. We then left to go the police station. Me and my friend were searched and told to sit in a holding cell together. My mom came first and we sat in a room for a few minutes. The violent cop came in and started telling me things trying to get me to admit to something I didn't do. I kept my mouth shut. Has anyone caught it yet? I was never read my Miranda rights! As a US citizen it is my fifth amendment right to have them read to me. Because they didn't do this, does it mean that all of the charges have to be dropped? Or what? I am very confused at this point and I really don't want to pay a $195 dollar citation. I have the option to go to court to try and have the charges dropped but I really don't want a shitty public defender to help me in court. When I go to court is that when I tell the judge that they never read me my Miranda rights or what? What do I say? I really need help. My court date is October 1st. I don't know if I should take a plea deal and plead guilty to being out past curfew so I can have the other charges dropped but that would mean paying $195 to those assholes which is something I really don't wanna do. Thanks for any help!

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[–]Kelv37 11ポイント12ポイント  (0子コメント)

You were detained. Cops don't have to tell you why. "Somewhat resisting" means they can force you into compliance. You are lucky you haven't been charged with resisting or obstruction.

[–]AnotherGuyinOhio 26ポイント27ポイント  (33子コメント)

Because they didn't do this, does it mean that all of the charges have to be dropped?

no

I have the option to go to court to try and have the charges dropped but I really don't want a shitty public defender to help me in court

What about a good public defender? Like most of them are.

You need an attorney. You are an angry, snot-nosed kid who thinks they know how the world works. You don't. This charge is not the end of the world, and you will move on with your life. But, if you go into court with the attitude displayed here, the judge is going to give you a rude awakening.

[–]demyst 14ポイント15ポイント  (6子コメント)

Because they didn't do this, does it mean that all of the charges have to be dropped? Or what?

Not in the slightest.

I really don't want a shitty public defender to help me in court.

Then pay for your own lawyer. Look, kid. You're essentially a child. The way you speak and have set the tone of this discussion speak to your maturity. You have no idea how the real world works. I really hope the judge gives you a good wake-up call.

[–]FoghornLawhorn 4ポイント5ポイント  (0子コメント)

Post Hx AlertTM

[–]KingKidd 13ポイント14ポイント  (1子コメント)

Life and Legal advice:

You asked why you were being detained. The officer does not have to tell you, but she already had: Violation of Curfew.

Yes that's a "detainable" and arrest-able offense.

Don't argue with cops streetside. You won't win and you just might dig yourself a bigger whole. Courts and magistrates exist to determine what arrests are justified and which aren't. Understand that unless you're a night shift worker, not much good happens after 3am. Cop on shift is probably a bit tired and sees a couple teenagers wandering around after curfew they're going to assume you're up to no good. Whether you're white, black, Asian or Martian. It's not illegal, it's common sense and based on experience.

You don't have to be read or presented with your Miranda rights unless you are in a custodial interrogation and they plan to use incriminating statements at trial. You were not.

As a 14 year old you'd qualify for a public defender, but the court will consider your parents financial situation. If your parents meet the standards, you might be able to get a public defender. They are reserved for the people that truly cannot afford private attorneys. You probably will not be awarded one.

If you get an attorney you can probably plea down to a civil citation for a curfew violation.

[–]snarky_answer 3ポイント4ポイント  (0子コメント)

Even as a night shift worker nothing good happens a after 2am. I'm frequently dealing with hundreds of thousands of dollars worth of equipment dealing with shipment and transfer of precious metals and I've been hassled and harassed by drunks, crazies, and criminals. All the time people will walk up and ask how much this stuff is worth. I always tell them it's junk scrap metal but they usually don't buy that story when I'm wearing a bullet proof vest and carrying a weapon. After 2am people become stupid.

[–]libraryspy 1ポイント2ポイント  (0子コメント)

Get an attorney. Plead innocent.

Tell us what state you're in where there's a law about curfew. Sounds like they didn't charge you with that, did they?

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Original Post:

So I got arrested...

I am a 14 year old US citizen who was recently arrested, here is EXACTLY what happened. Me and my friend were walking out of Hy-Vee because we had just bought some m&m's to snack on as we walked around the town and hung out together. The time was roughly 3:45am when a police officer who was NOT in her jurisdiction quickly jumped out of her car and yelled at us to stop. We stopped and she told us that we were in trouble. We asked what for and she responded with, "you know what town you are in right?" followed by, "you are out past curfew." She asked us our names and we asked if we were being detained. She responded with yes very quickly as if she was in a hurry. She said that we could do this the easy way or the hard way right before she asked us our names again. We refused to tell her our names after we asked why we were being detained and got only "because" as a response. She told my friend to get in the car and he refused while asking why he was being detained. She then grabbed his arm and literally threw him in the police car. She called for "backup" and then proceeded to grab me and put me in the car. I somewhat resisted because I wasn't told why I was being detained. My friend and I were in the backseat demanding to be released as it was a violation of our rights to keep us without valid reason. When she got out of the car my friend told me to call my mom so I did... 6 times before she finally answered. When she answered I told her our situation and before I could tell her exactly what Hy-Vee store we were at an incredibly violent cop ripped open the door while screaming at me to get off the phone. The officer gave me less than a second before pulling me out of the car resulting in me hitting my head on the parking lot. As I was upside down he and the other 2 officers restrained me as my friend watched and told them that they couldn't do that. I have never been arrested before and it is literally human nature to respond to an attacker with by fighting back a little. I realized that I should calm down and quickly did as they pulled me out to put me in a different car. My friend was yelling police brutality as they violently shoved me in the other cop car. I sat in the car as they literally just stood and talked for around 45 minutes. The same cop who attacked me to get me off of my phone came and asked me if we had stolen anything from the store and I obviously responded with no. The cop then said, "so if we go in and ask they will say you bought these?" as he gestured towards the m&m's. I replied with, "of course!". He sent a cop in to ask and when he returned he told the cop that the only cashier working at the time confirmed that we bought them. Of course there would be no more mentions of that for the rest of the night. I asked the cop if I was being detained and he said yes. I asked, "What charges am I currently being held for?" he said trespassing and harassment. I asked how I was trespassing and I asked who I harassed. He told me that I was being charged with harassment of an officer and trespassing on private property. The private property he was talking about was a trailer park nearby which I live in. I told him that I lived there and he literally said that he didn't care. I sat in the car for a good 30 minutes before being asked to sign a paper which I read through and later signed because it was just a contract type thing that once signed was saying that I acknowledged that I was receiving a citation. We then left to go the police station. Me and my friend were searched and told to sit in a holding cell together. My mom came first and we sat in a room for a few minutes. The violent cop came in and started telling me things trying to get me to admit to something I didn't do. I kept my mouth shut. Has anyone caught it yet? I was never read my Miranda rights! As a US citizen it is my fifth amendment right to have them read to me. Because they didn't do this, does it mean that all of the charges have to be dropped? Or what? I am very confused at this point and I really don't want to pay a $195 dollar citation. I have the option to go to court to try and have the charges dropped but I really don't want a shitty public defender to help me in court. When I go to court is that when I tell the judge that they never read me my Miranda rights or what? What do I say? I really need help. My court date is October 1st. I don't know if I should take a plea deal and plead guilty to being out past curfew so I can have the other charges dropped but that would mean paying $195 to those assholes which is something I really don't wanna do. Thanks for any help!