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Link Posted: 6/2/2016 4:50:37 PM EDT
[#1]
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They either did not have one or didn't like what it said, case was dropped soon after it was asked for.
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I don't  speak legal-speak but he requested the incident report.


And?


They either did not have one or didn't like what it said, case was dropped soon after it was asked for.


But there is a difference between the prosecutor not having it and unable to get it.

So, when your attorney asked for it prior the meeting via discovery request, what was he told?
Link Posted: 6/2/2016 4:50:58 PM EDT
[#2]
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Agreed. In this case it appears that there is a reason the prosecutor's office didn't want to produce it.  

If I were the OP, I would want a copy too.  The more they hide it, the more it heightens my curiosity.
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Now that the case is closed, you should be able to file a FOIA request and get a copy of the report.  Be prepared to wait a couple of weeks for them to 'research and copy' the paperwork.


His attorney should have gotten it prior to the meeting through discovery.


Agreed. In this case it appears that there is a reason the prosecutor's office didn't want to produce it.  

If I were the OP, I would want a copy too.  The more they hide it, the more it heightens my curiosity.


I would like to see it without a doubt, but getting involved in small town politics is something I want no part in. I eat lunch at the same café as the police chief 3 times a week.
Link Posted: 6/2/2016 4:52:41 PM EDT
[#3]
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But there is a difference between the prosecutor not having it and unable to get it.

So, when your attorney asked for it prior the meeting via discovery request, what was he told?
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I don't  speak legal-speak but he requested the incident report.


And?


They either did not have one or didn't like what it said, case was dropped soon after it was asked for.


But there is a difference between the prosecutor not having it and unable to get it.

So, when your attorney asked for it prior the meeting via discovery request, what was he told?


Our first contact with the prosecutor was yesterday, which was my first scheduled court date(promise to appear date).

The prosecutor asked my attorney into their office, and he came out 5 minutes later with the case dropped.
Link Posted: 6/2/2016 4:54:36 PM EDT
[#4]
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Bull crap. Here is the statue, and if you are going to make an arrest you better be able articulate how the person meets the elements of the offense.



If your "officer friend" was arrested for PI like you said he was, then he would know that and the lawsuit for the civil rights violation.
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I live in a large, affluent county.  Calls come in they at the very least have the number it came from.  Most of the time their is a plethora of information on file for even the most mundane calls.  Arrest that end up in jail = a fuck ton of documentation.

A much smaller and poorer county next to mine:  A call very well may be initiated by someone texting the officers phone.  The trip to jail might generate the one page of poorly spelled hand written notes.  A good friend of mine who is a large metro police officer got a PI in this referenced county and taken to jail as he quietly watched his kids basketball game.  The ex wife texted the officer who then arrested my friend.  He was not drunk by any stretch of the imagination, nor was he being belligerent.  But in Texas you don't have to be any of the above to get arrested for PI.

As I said in the deleted thread, the punishment for PI is the arrest itself.  This is obviously very traumatic for a life long good guy as well as embarrassing.  The fine is nothing and the record gives one no lasting legal or social disability.  It is my opinion that the Texas PI is the "put someone in jail for free card" and the municipal judges that handle these are complicit with it.

Not having an incident report gave the judge and PD a perfect out for making this go away.  After all, "putting you in your place", and embarrassing you was the goal and had previously been accomplished.

Edit:  I'm glad the disposition worked out well for you.



Bull crap. Here is the statue, and if you are going to make an arrest you better be able articulate how the person meets the elements of the offense.

Sec. 49.02.  PUBLIC INTOXICATION.  (a)  A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another.

(a-1)  For the purposes of this section, a premises licensed or permitted under the Alcoholic Beverage Code is a public place.

(b)  It is a defense to prosecution under this section that the alcohol or other substance was administered for therapeutic purposes and as a part of the person's professional medical treatment by a licensed physician.

(c)  Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor.

(d)  An offense under this section is not a lesser included offense under Section 49.04.

(e)  An offense under this section committed by a person younger than 21 years of age is punishable in the same manner as if the minor committed an offense to which Section 106.071, Alcoholic Beverage Code, applies.


If your "officer friend" was arrested for PI like you said he was, then he would know that and the lawsuit for the civil rights violation.


He beat the rap but not the ride.

Yes, lawsuit is pending.
Link Posted: 6/2/2016 4:54:55 PM EDT
[#5]
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Our first contact with the prosecutor was yesterday, which was my first scheduled court date(promise to appear date).

The prosecutor asked my attorney into their office, and he came out 5 minutes later with the case dropped.
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I don't  speak legal-speak but he requested the incident report.


And?


They either did not have one or didn't like what it said, case was dropped soon after it was asked for.


But there is a difference between the prosecutor not having it and unable to get it.

So, when your attorney asked for it prior the meeting via discovery request, what was he told?


Our first contact with the prosecutor was yesterday, which was my first scheduled court date(promise to appear date).

The prosecutor asked my attorney into their office, and he came out 5 minutes later with the case dropped.


Is that how it's done in Texas? Very odd.
Link Posted: 6/2/2016 4:57:39 PM EDT
[#6]
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Is that how it's done in Texas? Very odd.
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I have no idea I have never been in any trouble besides an occasional speeding ticket.
Link Posted: 6/2/2016 5:06:33 PM EDT
[#7]
In this thread we learn that different states have different protocols.



At some (maybe many) agencies in SC people get arrested all the time with only a ticket and no report for all sorts of things beyond public intox. Some are state charges, some are city / county charges.




Not for nothing but IMHO I think it's kind of chicken shit for the OP to not follow through with sharing anything beyond his presentation of the facts since he's saying the whole thing was nothing more than a perfect example of police malfeasance and corruption on an otherwise perfect sunny day of lawfulness.




That might have been a run on sentence, but ask me if I care.






Link Posted: 6/2/2016 5:14:24 PM EDT
[#8]
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In this thread we learn that different states have different protocols.

At some (maybe many) agencies in SC people get arrested all the time with only a ticket and no report for all sorts of things beyond public intox. Some are state charges, some are city / county charges.


Not for nothing but IMHO I think it's kind of chicken shit for the OP to not follow through with sharing anything beyond his presentation of the facts since he's saying the whole thing was nothing more than a perfect example of police malfeasance and corruption on an otherwise perfect sunny day of lawfulness.


That might have been a run on sentence, but ask me if I care.




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And what would you like for me to post? I have nothing else to show but my presentation of the facts.
Link Posted: 6/2/2016 5:40:18 PM EDT
[#9]
My last agency required Incident Reports for every citizen contact. My neighboring agency now doesn't even do Incident Reports for anything less than Felony Crimes.

Incident Reports are an agency's official reporting media for Criminal Activity. Our Agency has a lesser system called "Call for Service" in which citizens call LE but no criminal activity exists.
Link Posted: 6/2/2016 5:47:43 PM EDT
[#10]
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And what would you like for me to post? I have nothing else to show but my presentation of the facts.
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In this thread we learn that different states have different protocols.

At some (maybe many) agencies in SC people get arrested all the time with only a ticket and no report for all sorts of things beyond public intox. Some are state charges, some are city / county charges.


Not for nothing but IMHO I think it's kind of chicken shit for the OP to not follow through with sharing anything beyond his presentation of the facts since he's saying the whole thing was nothing more than a perfect example of police malfeasance and corruption on an otherwise perfect sunny day of lawfulness.


That might have been a run on sentence, but ask me if I care.






And what would you like for me to post? I have nothing else to show but my presentation of the facts.



Make the youtube video private and post the direct link in this thread.  That way nobody in your small town will know about it, because if you thought they were on this board you wouldn't have posted the thread.
Link Posted: 6/2/2016 6:10:18 PM EDT
[#11]
Not doing an incident report is a a good way to make something go away, providing the superior/approving officers agree it was a bad case.





The prosecutor can't do anything without a supporting incident report.



I highly doubt they had a report and told the court they didn't.  That is a sure fire way to piss off a judge if they found out.
Link Posted: 6/2/2016 6:14:07 PM EDT
[#12]
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Make the youtube video private and post the direct link in this thread.  That way nobody in your small town will know about it, because if you thought they were on this board you wouldn't have posted the thread.
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In this thread we learn that different states have different protocols.

At some (maybe many) agencies in SC people get arrested all the time with only a ticket and no report for all sorts of things beyond public intox. Some are state charges, some are city / county charges.


Not for nothing but IMHO I think it's kind of chicken shit for the OP to not follow through with sharing anything beyond his presentation of the facts since he's saying the whole thing was nothing more than a perfect example of police malfeasance and corruption on an otherwise perfect sunny day of lawfulness.


That might have been a run on sentence, but ask me if I care.






And what would you like for me to post? I have nothing else to show but my presentation of the facts.



Make the youtube video private and post the direct link in this thread.  That way nobody in your small town will know about it, because if you thought they were on this board you wouldn't have posted the thread.


Again the video is not getting posted. I have sent pictures of the ticket, promise to appear, and the dismissal to Bama-Shooter so when he gets time hopefully he can back up what I have said in regards to- I got a ticket, I went to jail, and my case was dropped.
Link Posted: 6/2/2016 6:54:06 PM EDT
[#13]
Link Posted: 6/2/2016 6:59:07 PM EDT
[#14]
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Ok.

I just looked at the documents it appears this agency uses a combination UTC/Non-UTC type charging document.

Put in the persons information, charges, court date, officer signs it and then the OP was released on an ROR bond.

It just list PI as the charge with no other information about the incident.

So from what I can tell OP was arrested and cited with this document and got an ROR bond and a case dismissed stamped disposition.






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Thanks for the help.
Link Posted: 6/2/2016 7:00:26 PM EDT
[#15]
nvm
Link Posted: 6/2/2016 7:13:47 PM EDT
[#16]
Link Posted: 6/2/2016 8:06:47 PM EDT
[#17]
"On 6-2-16 at 1600 hours I saw drunk.  Arrested same.  End report."




















 
Link Posted: 6/2/2016 8:21:39 PM EDT
[#18]
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What is a police incident report and in what situations do you have to fill one out?



** I am trying to ask a legitimate question and not start a cop bashing thread**
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totally dependant on the dept. At the dept I work for, if we are dispatched to a call or find something on patrol we write a report. Now it may only be a few lines. If its something criminal or need further documentation we have to write a case report which is more detailed etc.

J-
Link Posted: 6/2/2016 9:09:06 PM EDT
[#19]
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I remember the original post and work in law enforcement.  My assumption is a report was generated by the arresting officers but did not meet the sniff test of the higher up(s) in the department so it was shit canned - resulting in your case being dismissed.


Edit: Your chances of ever proving something like this are slim though.
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You'd better not get caught in my state "shit canning" or "disappearing" an offense report.  It's public record.
Link Posted: 6/2/2016 9:16:21 PM EDT
[#20]
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That's why there is no report.

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  Yep.


And I'm not sure how you charge someone with a UCR - you generally need a warrant or a ticket or something especially for court proceedings.






I did receive a ticket.


That's why there is no report.



Wow, for an arrest offense charged via citation here, the citation (or a NTA) takes the place of the Affidavit of Complaint and (even if ROR'd) we still have to do an offense report.
Link Posted: 6/2/2016 9:57:56 PM EDT
[#21]
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Here, if we put cuffs on the person a full report would be generated.
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Is it safe to assume that anytime someone is arrested that you guys fill out an incident report?


Oh yeah.

We have to do an incident and arrest report.

  To answer the original question not everywhere - it varies.


If you got hooked up for something like public intox in my AO the PO would write a blue ticket and a car would take you downtown.


No report.






Here, if we put cuffs on the person a full report would be generated.



Here too. In addition to a PCA if it's not a warrant arrest.
Link Posted: 6/2/2016 10:26:13 PM EDT
[#22]
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Here too. In addition to a PCA if it's not a warrant arrest.
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Is it safe to assume that anytime someone is arrested that you guys fill out an incident report?


Oh yeah.

We have to do an incident and arrest report.

  To answer the original question not everywhere - it varies.


If you got hooked up for something like public intox in my AO the PO would write a blue ticket and a car would take you downtown.


No report.






Here, if we put cuffs on the person a full report would be generated.



Here too. In addition to a PCA if it's not a warrant arrest.


I'm 99.9% sure an arrest report was done for the OP's arrest as well.
Link Posted: 6/2/2016 10:32:33 PM EDT
[#23]
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I'm 99.9% sure an arrest report was done for the OP's arrest as well.
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Then where is it? Why wouldn't the court/prosecutor have?
Link Posted: 6/2/2016 10:40:39 PM EDT
[#24]
We don't necessarily do an incident report on an arrest on a warrant.  If there is an outstanding warrant and the suspect surrenders without incident we generally don't report that.  If we have to do something other than drive him to jail (i.e. use of force, drag him from under the bed, etc) we report that.  
A lot of our warrants self surrender to the jail.
Link Posted: 6/2/2016 10:54:09 PM EDT
[#25]
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Glad I could help.

Here if I took physical custody of a person I would have filed a very detailed report.
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Ok.

I just looked at the documents it appears this agency uses a combination UTC/Non-UTC type charging document.

Put in the persons information, charges, court date, officer signs it and then the OP was released on an ROR bond.

It just list PI as the charge with no other information about the incident.

So from what I can tell OP was arrested and cited with this document and got an ROR bond and a case dismissed stamped disposition.








Thanks for the help.


Glad I could help.

Here if I took physical custody of a person I would have filed a very detailed report.


This.

Case law with my name on it. Worse, lawsuit against my department for my fucking up.

Avoid at all costs.
Link Posted: 6/2/2016 10:54:30 PM EDT
[#26]
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Then where is it? Why wouldn't the court/prosecutor have?
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I'm 99.9% sure an arrest report was done for the OP's arrest as well.


Then where is it? Why wouldn't the court/prosecutor have?


You would have to ask the prosecutor why he doesn't have it. An arrest report would be required for them to accept you at the jail.
Link Posted: 6/2/2016 11:05:48 PM EDT
[#27]
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Our first contact with the prosecutor was yesterday, which was my first scheduled court date(promise to appear date).

The prosecutor asked my attorney into their office, and he came out 5 minutes later with the case dropped.
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They either did not have one or didn't like what it said, case was dropped soon after it was asked for.


But there is a difference between the prosecutor not having it and unable to get it.

So, when your attorney asked for it prior the meeting via discovery request, what was he told?


Our first contact with the prosecutor was yesterday, which was my first scheduled court date(promise to appear date).

The prosecutor asked my attorney into their office, and he came out 5 minutes later with the case dropped.


That's why everyone here always says, "Get a lawyer!"  Glad it worked out.

If you're not going to post the video, at least post the 7N6 haul.
Link Posted: 6/3/2016 8:31:54 AM EDT
[#28]
Link Posted: 6/3/2016 9:19:34 AM EDT
[#29]

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Thanks for the help.
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Quoted:

Ok.



I just looked at the documents it appears this agency uses a combination UTC/Non-UTC type charging document.



Put in the persons information, charges, court date, officer signs it and then the OP was released on an ROR bond.



It just list PI as the charge with no other information about the incident.



So from what I can tell OP was arrested and cited with this document and got an ROR bond and a case dismissed stamped disposition.




Thanks for the help.
Thanks for proving that it actually occurred.



Like others have said, if you file an FOIA or APRA, request you should be able to get copies of everything related to the case.  



 
Link Posted: 6/3/2016 10:49:16 AM EDT
[#30]
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Thanks for proving that it actually occurred.

Like others have said, if you file an FOIA or APRA, request you should be able to get copies of everything related to the case.  
 
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Ok.

I just looked at the documents it appears this agency uses a combination UTC/Non-UTC type charging document.

Put in the persons information, charges, court date, officer signs it and then the OP was released on an ROR bond.

It just list PI as the charge with no other information about the incident.

So from what I can tell OP was arrested and cited with this document and got an ROR bond and a case dismissed stamped disposition.








Thanks for the help.
Thanks for proving that it actually occurred.

Like others have said, if you file an FOIA or APRA, request you should be able to get copies of everything related to the case.  
 


Do you surround yourself with people tend to make things up? I am confused as to what I had to gain by fabricating a story like this.
Link Posted: 6/3/2016 10:56:30 AM EDT
[#31]
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I would like to see it without a doubt, but getting involved in small town politics is something I want no part in. I eat lunch at the same café as the police chief 3 times a week.
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Now that the case is closed, you should be able to file a FOIA request and get a copy of the report.  Be prepared to wait a couple of weeks for them to 'research and copy' the paperwork.


His attorney should have gotten it prior to the meeting through discovery.


Agreed. In this case it appears that there is a reason the prosecutor's office didn't want to produce it.  

If I were the OP, I would want a copy too.  The more they hide it, the more it heightens my curiosity.


I would like to see it without a doubt, but getting involved in small town politics is something I want no part in. I eat lunch at the same café as the police chief 3 times a week.

I'm a dickhead, I'd post the video, hope it goes viral, sit across from chief 3 days a week with a smile on my face.
Link Posted: 6/3/2016 10:56:47 AM EDT
[#32]
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File a FOIA request.

It may have been done and simply not in the file on the prosecutors desk.

Not the first time that has happened. It being a simple PI case not worth the time to prosecute it.
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I'm 99.9% sure an arrest report was done for the OP's arrest as well.


Then where is it? Why wouldn't the court/prosecutor have?


File a FOIA request.

It may have been done and simply not in the file on the prosecutors desk.

Not the first time that has happened. It being a simple PI case not worth the time to prosecute it.


Sloppy police work happens all the time.  I just filed a 1983 case where a bunch of people were shot with bean bag rounds.  They did the reports a month and a half after the incident, and they got everything wrong.  The end result is that instead of just the shooter being sued, everyone got sued.
Link Posted: 6/3/2016 11:08:34 AM EDT
[#33]
I can tell you exactly what happened.  The court clerk did not properly prepare the case file. IE, they did not request the needed paperwork. They might not even have known you were showing up.

Happens often enough I would take my own copies to court to hand to the prosecutor.
Link Posted: 6/3/2016 11:11:17 AM EDT
[#34]
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I'm a dickhead, I'd post the video, hope it goes viral, sit across from chief 3 days a week with a smile on my face.
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Now that the case is closed, you should be able to file a FOIA request and get a copy of the report.  Be prepared to wait a couple of weeks for them to 'research and copy' the paperwork.


His attorney should have gotten it prior to the meeting through discovery.


Agreed. In this case it appears that there is a reason the prosecutor's office didn't want to produce it.  

If I were the OP, I would want a copy too.  The more they hide it, the more it heightens my curiosity.


I would like to see it without a doubt, but getting involved in small town politics is something I want no part in. I eat lunch at the same café as the police chief 3 times a week.

I'm a dickhead, I'd post the video, hope it goes viral, sit across from chief 3 days a week with a smile on my face.


I am not always afforded that luxury. I have a business and a lot of employees to think about when it comes to matters like this.
Link Posted: 6/3/2016 11:48:46 AM EDT
[#35]
Glad to hear this ended up as well as could be expected.
Link Posted: 6/3/2016 12:03:54 PM EDT
[#36]
RC- you spent a couple hours in jail right? If we're putting someone in jail, no matter the charge, we write as detailed a report as we can. That way at court there's no question about our probable cause for arrest and all the facts.

Sounds like the cops probably didn't like your attitude about the scenario for whatever reason and charged you.  For the prosecutor to dismiss it at initial appearance is odd and shows something was fucky. Most the time initial appearance doesn't result in a disposition like that. Especially without officers there.

The only shitty thing here is even if it's dismissed and someone looks you up it will still show the charge. It will say dismissed but still sucks to have it show when apparently it was all bs.

Link Posted: 6/3/2016 12:07:53 PM EDT
[#37]
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RC- you spent a couple hours in jail right? If we're putting someone in jail, no matter the charge, we write as detailed a report as we can. That way at court there's no question about our probable cause for arrest and all the facts.

Sounds like the cops probably didn't like your attitude about the scenario for whatever reason and charged you.  For the prosecutor to dismiss it at initial appearance is odd and shows something was fucky. Most the time initial appearance doesn't result in a disposition like that. Especially without officers there.

The only shitty thing here is even if it's dismissed and someone looks you up it will still show the charge. It will say dismissed but still sucks to have it show when apparently it was all bs.

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I did spend a few hours in jail, and yes my attitude at the point of arrest sucked(I was told that the real reason I went jail was POP)

As far the charge being on my record- it is non-existent.
Link Posted: 6/3/2016 12:10:43 PM EDT
[#38]
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I did spend a few hours in jail, and yes my attitude at the point of arrest sucked(I was told that the real reason I went jail was POP)

As far the charge being on my record- it is non-existent.
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RC- you spent a couple hours in jail right? If we're putting someone in jail, no matter the charge, we write as detailed a report as we can. That way at court there's no question about our probable cause for arrest and all the facts.

Sounds like the cops probably didn't like your attitude about the scenario for whatever reason and charged you.  For the prosecutor to dismiss it at initial appearance is odd and shows something was fucky. Most the time initial appearance doesn't result in a disposition like that. Especially without officers there.

The only shitty thing here is even if it's dismissed and someone looks you up it will still show the charge. It will say dismissed but still sucks to have it show when apparently it was all bs.



I did spend a few hours in jail, and yes my attitude at the point of arrest sucked(I was told that the real reason I went jail was POP)

As far the charge being on my record- it is non-existent.


That's good. Here if someone would look your name up online in the municipal court records it would show you were charged and it was dismissed. Wouldn't be on your record but would show that way.
Link Posted: 6/3/2016 1:10:40 PM EDT
[#39]
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I did spend a few hours in jail, and yes my attitude at the point of arrest sucked(I was told that the real reason I went jail was POP)

As far the charge being on my record- it is non-existent.
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RC- you spent a couple hours in jail right? If we're putting someone in jail, no matter the charge, we write as detailed a report as we can. That way at court there's no question about our probable cause for arrest and all the facts.

Sounds like the cops probably didn't like your attitude about the scenario for whatever reason and charged you.  For the prosecutor to dismiss it at initial appearance is odd and shows something was fucky. Most the time initial appearance doesn't result in a disposition like that. Especially without officers there.

The only shitty thing here is even if it's dismissed and someone looks you up it will still show the charge. It will say dismissed but still sucks to have it show when apparently it was all bs.



I did spend a few hours in jail, and yes my attitude at the point of arrest sucked(I was told that the real reason I went jail was POP)

As far the charge being on my record- it is non-existent.


I really hope that is correct but there should be an arrest and jail record out there.  I can look on line and see my stuff on city and county web sites.  I can google my name and my lovely mug shot comes up.  I had to wait 3 years for the state's statute of limitations to run before I could get my arrest record expunged.  As of last month I have the pleasure of spending $3,000.00 for an attorney to expunge my felony arrest for my very own prescription drugs.  

I know nothing about the particular nuances of your local politics.  But so many doctors, lawyers, and Indian Chiefs have had PI's in my neck of the woods no one bats an eye at them.
Link Posted: 6/3/2016 1:44:20 PM EDT
[#40]
Where I work the jail won' t even accept anyone without an arrest report without a good reason i.e. someone who is combative etc. If that isn't required where you are the officers who arrested you may have decided to just write you a ticket for PI and told the jail to release you.

Do you not know anyone who works at the department?
Link Posted: 6/3/2016 6:52:06 PM EDT
[#41]
Some incidents can be classified as a crime while others are not.  Depending on what needs to be documented, the Officer may choose to give you a report number or say thank you for the information.
Link Posted: 6/3/2016 11:05:26 PM EDT
[#42]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
RC- you spent a couple hours in jail right? If we're putting someone in jail, no matter the charge, we write as detailed a report as we can. That way at court there's no question about our probable cause for arrest and all the facts.

Sounds like the cops probably didn't like your attitude about the scenario for whatever reason and charged you.  For the prosecutor to dismiss it at initial appearance is odd and shows something was fucky. Most the time initial appearance doesn't result in a disposition like that. Especially without officers there.

The only shitty thing here is even if it's dismissed and someone looks you up it will still show the charge. It will say dismissed but still sucks to have it show when apparently it was all bs.

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If he was booked, fingerprinted and photographed he may have an OBTS number.
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