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Being Arrested....

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Being Arrested....

Postby RyanK » Fri Oct 06, 2006 9:54 pm

The other night I was arrested, but not taken to jail, and given a court date. On the "Criminal Report Affidavit" the cop put

Date of Offense- 10-05-06
Date of Arrest- 10-15-06

Im wondering if in anyway the fact taht he messed up the date of arrest does that make it Void in any way? or is this just wishful thinking.


Right now im looking at being potentially screwed pretty badly for having a fake id and buying beer underage... I hate Florida, and they dont even have 30 racks.. just 24s
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Re: Being Arrested....

Postby Coppermine » Fri Oct 06, 2006 10:02 pm

RyanK wrote:The other night I was arrested, but not taken to jail, and given a court date. On the "Criminal Report Affidavit" the cop put

Date of Offense- 10-05-06
Date of Arrest- 10-15-06

Im wondering if in anyway the fact taht he messed up the date of arrest does that make it Void in any way? or is this just wishful thinking.


Right now im looking at being potentially screwed pretty badly for having a fake id and buying beer underage... I hate Florida, and they dont even have 30 racks.. just 24s


I'm sorry to hear it man, i know Florida is tough on alcohol offenses, but it probably seems worse now than it is. That said, the wrong date on the report could result in a dismissal... I would absolutely, positively consult and attorney. He'll charge you for the advice, but it's worth it. See if this can be fought based on the incorrect date.
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Postby RyanK » Fri Oct 06, 2006 10:04 pm

Yeah.. also.. How long does it take for a court date after an arrest.. I was under the impression itd be this month, and next friday.. now it looks like itll be in November... Im wondering if thats a mistake too or not
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Postby Coppermine » Fri Oct 06, 2006 10:20 pm

RyanK wrote:Yeah.. also.. How long does it take for a court date after an arrest.. I was under the impression itd be this month, and next friday.. now it looks like itll be in November... Im wondering if thats a mistake too or not


No, "quick and speedy" is "whenever we get to it." After something like this, the entire process can take up to a year before an actual sentence is passed. Usually it's more than a month between court dates.
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Postby Omaha Red Sox » Fri Oct 06, 2006 11:22 pm

Court dates are a tricky thing. I've had some in 2 weeks and I've had some postponed to over a year and finally dismissed. I'd consider the offense and possible ramifications. If you can eat it, fine, but if it's a big deal get a lawyer. You may have some options with that screw up. Documentation is money.
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Postby RyanK » Fri Oct 06, 2006 11:25 pm

Omaha Red Sox wrote:Court dates are a tricky thing.



yeah Ive never had to go to court before.. I just figured itd be a fast turnaround.. not a month later turnaround... which is why I was under the impression it would be this coming friday, a week after the incident.. not a month later.. but the sheet says 11/13.. so Im gonna go by that
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Postby thedude » Fri Oct 06, 2006 11:56 pm

Your lucky man, when i was in college (freshman year), my girlfriend and i had to go pick my roommate up from jail when he got arrested with beer underage. He spent like 6 hours in a cell before they released him (and 6 other kids they gathered up the same night for the same offense).

His court date was the next morning.


The funny part is that while he plead guilty, the girl he was with plead innocent; because she had pot on her, they were also charging her with drug possesion. When the police lost the weed and could not produce it as evidence all charges were dropped. So he has this on his record while the girl does not.

I don't mean you were lucky for getting caught (just get some upper classman to buy for you next time), but lucky that you didn't spend any time in a cell.
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Postby Madison » Sat Oct 07, 2006 12:47 am

Of course they drag it out. There's no rush on something like this. They got you, it's just a matter of what they are going to do to you for it.

What's your background like? Sparkly clean? Good grades? All that jazz? Probably just community service or probation or something if so.
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Postby RyanK » Sat Oct 07, 2006 1:10 am

Madison wrote:What's your background like? Sparkly clean? Good grades? All that jazz? Probably just community service or probation or something if so.


Yeah I gotta clean background.. grades are slacking right now need to work on that..

florida law wrote:Florida’s “fake ID” laws were amended to clarify that possession of any driver’s license or state identification card not produced lawfully by the appropriate governmental agency is a felony punishable by five (5) years in prison and a $5,000.00 fine. (Fla. Stat. 322.212) Possession of a lawfully issued driver’s license or state identification card with a physically altered birth date is a second-degree misdemeanor punishable by 60 days in jail and a fine of $500.00. (Fla. Stat. 322.212)


so thats what scares me..
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Postby brewcrew4you » Sat Oct 07, 2006 1:12 am

The fact that the officer messed up your sheet will help you. Get a lawyer ( see below ), and push this thing as far back as you can - when there are discrepancies, in most states the officer needs to testify against you, and if he doesn't show up/can't remember, you can get your case dismissed.

Definitely hire a lawyer, it will be more expensive in the long run, but since you have stated that you don't have any experience with this sort of thing, a clean record will allow you to get off relatively scott free, with a lawyer's help. To get your J.D., they have to sweat to tell the truth in court, so when your lawyer vouches for how good of kid you are, the judge always knocks down the sentance - just like with speeding tickets. It's a professional courtesty thing, as judges were all previously lawyers, so they ensure more business to their former profession, where many of their friends still work.
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