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 Triptonic
Registered: 06/13/08
Posts: 15,581
Loc: 
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 So 
#258781 - 08/02/09 12:04 PM (14 years, 8 months ago) |
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As you all know I recently got arrested and charged with public intox and theft in the 5th which are both misdemeniors. What type of fine am I looking at? I dont have money or a job...do you think the judge will have any mercy on me? I will try and get a public defender but I dont know how the court system works. I have no record do you think I might just get a slap on the wrist?
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Dr. Siekadellyk
Question Everything!
Registered: 04/20/09
Posts: 9,365
Loc: Ketamine
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seeing as you have that ordeal with your finger also youll probably get a fine....
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The Kratom Report...
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FarBeyondDriven
Truthfully, I'm a bullshitter
Registered: 04/22/08
Posts: 13,834
Loc: Greenbow, Alabama
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yeah how is the finger?
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Triptonic
Registered: 06/13/08
Posts: 15,581
Loc:
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how much of a fine? and will it go on my record?
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Dr. Siekadellyk
Question Everything!
Registered: 04/20/09
Posts: 9,365
Loc: Ketamine
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Quote:
triptonic said:
how much of a fine? and will it go on my record?
eh i couldnt say because it ranges depending on the circumstances........and if you have a good lawyer it wont....
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The Kratom Report...
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Triptonic
Registered: 06/13/08
Posts: 15,581
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do you think a public defender is a good lawyer? lol I cant afford a lawyer.
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 elcharrosays
Registered: 04/24/08
Posts: 2,757
Last seen: 13 years, 8 months
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Well they don't call 'em Public Pretenders because they're professional mimes.. 
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Triptonic
Registered: 06/13/08
Posts: 15,581
Loc:
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lol so no?
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elcharrosays
Registered: 04/24/08
Posts: 2,757
Last seen: 13 years, 8 months
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Yeah they're not so great. They actually work for the District Attorney's office so they're main priority is usually just getting you to agree to a plea bargain that they make sound a lot greater than it is. It's a tough predicament man and unfortunately it's not exactly set up in your favor.
I'm %85 sure you'll be given some ridiculous fine that they know you can't pay so they'll give you some arbitrary amount of probation time but really you'll get off just as soon as they have all the money they want. Probation is a money-maker, that's why they bring in third-party private companies like Sentinel a lot of the time (depending on where you are and whether you were picked up by like city, county, or state pigs).
Do you have any sort of counter action against them for breaking your finger? That looks to be your most promising aspect. They may decide it's easier/cheaper for them to just give you a slap on the wrist rather than get sued.
Wish I could tell you more but I don't know too much about your situation and the way things work where you live.
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elcharrosays
Registered: 04/24/08
Posts: 2,757
Last seen: 13 years, 8 months
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Oh yeah and probation just about always comes with a few dozen hours of community service. They usually require you to hold a job while you're under supervision as well and if you don't keep up with your payments they'll violate your probation and lock you up. Each violation here is supposed to be 30 days in jail but your first time is usually only a couple of days. It's all up to your probation officer really so try and establish a really good relationship with him/her because ultimately despite the law it's all up to them whether you're a free man or in the clinker for the remainder of your quoted probation time.
Mainly just be real careful about any plea bargains they offer you. A lot of times they'll offer to drop the lesser charge if you admit guilt to the more serious one but 9 times out of 10 you end up getting more shit then you would have in the first place.
There's also that nolo contendere thing but I've never understood it very well. I just know that I've heard of plenty of people pleading 'no contest" and getting out of a lot of trouble.
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elcharrosays
Registered: 04/24/08
Posts: 2,757
Last seen: 13 years, 8 months
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Then again you could just get some fines and no probation but like I said I have no idea how they usually work things in your area 
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Triptonic
Registered: 06/13/08
Posts: 15,581
Loc:
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I dont think I could pull the finger card......but I dont know its my first offence, as far as probation I dont know what I could do cuz of my broken finger. I hate this I'm not a bad person. The person who called the cops on me is a bad person. I dont even know why I was charged with theft. It wasnt stolen cuz my girlfriend put it back before the cops even arrived.
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elcharrosays
Registered: 04/24/08
Posts: 2,757
Last seen: 13 years, 8 months
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So how exactly did your finger get broken? Was it the cops fault? Did you resist arrest in anyway?
You could most likely fight the theft charge in court since it sounds pretty ridiculous. If you can get that dropped you should be in the clear as I'm sure public intoxication is a civil offense and not a crime.
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tsollost
Master of Mopery
Registered: 06/01/08
Posts: 4,662
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go in, look presentable, and kiss ass.
that's about what it comes down too.
don't be transparent but seem genuinely sorry for "what you did wrong" and maybe even try to envoke some sympathy for your finger.
Feel the judge out and see which route to take.
either way don't stress too much, that' not gonna make it any better
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GUNGA GALUNGA
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tsollost
Master of Mopery
Registered: 06/01/08
Posts: 4,662
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Where i'm from PI cost you about 300 dollars including getting bailed out.
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GUNGA GALUNGA
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Triptonic
Registered: 06/13/08
Posts: 15,581
Loc:
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Im thinking it was the cops fault but im not sure...and have no proof.
Ya mainly I dont want a fucking theft charge on my record. I took insulation and told the cop that I was going to use it in my apartment. But I dont know why I said that other than I was really drunk. I blew a .29.... but ya the guy says I was trying to put it in my car but the thing was like 10 ft. long and my car is like half that size it wouldnt have fit. The cop didnt ever read me my rights or question me really. I know it was a dumb thing to say but I was wasted and things were just coming out of my mouth. I didnt resist arrest I complied more than I should have.
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Triptonic
Registered: 06/13/08
Posts: 15,581
Loc:
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Quote:
tsollost said:
Where i'm from PI cost you about 300 dollars including getting bailed out.
I didnt get bailed out I went to jail for the night. But my bail would have been $600 dollars.
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C3R3AL KiLLRx
Ganja Giant.
Registered: 05/15/08
Posts: 620
Loc: Sunshine State of Mind.
Last seen: 6 years, 7 months
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explain to the judge what you did with that thing was a joke you werent stealing it then the cops broke yer shit tell em your gonna sue and theyll dismiss it
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Triptonic
Registered: 06/13/08
Posts: 15,581
Loc:
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Ya but I confessed to stealing it cuz I was a drunk fool. But ya I wasnt trying to steal it.
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C3R3AL KiLLRx
Ganja Giant.
Registered: 05/15/08
Posts: 620
Loc: Sunshine State of Mind.
Last seen: 6 years, 7 months
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lol
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Dr. Siekadellyk
Question Everything!
Registered: 04/20/09
Posts: 9,365
Loc: Ketamine
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Quote:
triptonic said:
Ya but I confessed to stealing it cuz I was a drunk fool. But ya I wasnt trying to steal it.
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The Kratom Report...
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C3R3AL KiLLRx
Ganja Giant.
Registered: 05/15/08
Posts: 620
Loc: Sunshine State of Mind.
Last seen: 6 years, 7 months
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repent your statement cuz you were drunk tell em the cops also forced you to confess therefor breaking your finger!
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Triptonic
Registered: 06/13/08
Posts: 15,581
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How can I repent my statement? In the copy of the affidavit that I have the cop states that the insulation that was there earlier in his shift was gone when he got there which is bullshit cuz my girlfriend put it back.
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elcharrosays
Registered: 04/24/08
Posts: 2,757
Last seen: 13 years, 8 months
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Well legally you have to be mentally competent at the given time for any word to stick to you so you shouldn't have to worry about your statement. Never heard of repenting it though.
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Triptonic
Registered: 06/13/08
Posts: 15,581
Loc:
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I waived my right for a urinalisis......does that effect anything.
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C3R3AL KiLLRx
Ganja Giant.
Registered: 05/15/08
Posts: 620
Loc: Sunshine State of Mind.
Last seen: 6 years, 7 months
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yep
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Triptonic
Registered: 06/13/08
Posts: 15,581
Loc:
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how so?
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tsollost
Master of Mopery
Registered: 06/01/08
Posts: 4,662
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Quote:
triptonic said:
I didnt get bailed out I went to jail for the night. But my bail would have been $600 dollars.
yeah but you would've only had to pay 10 percent if you got a bondsman prob so that's about right.
here 10% is 50 and then court costs and fines about 250
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GUNGA GALUNGA
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Triptonic
Registered: 06/13/08
Posts: 15,581
Loc:
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huh?
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SpaceMonkey
Mind Pilot
Registered: 02/09/09
Posts: 3,471
Loc: Hawaiian Islands
Last seen: 3 years, 8 months
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Trip, trip, trip 
Bro, why do you not want to play the "finger card" ? This could possibly make all this go away! Yes, you were drunk, Did u resist arrest? Is that why you don't know for sure if it was the cops fault?
Strait up, You needed to file the excessive force complaint with the police department for one. Then now that u got a confirmed shattered finger which has now been fixed by the doctor as proof. Call the damn prosecutor,make an appointment to see them with the reports in hand. Ask them to make it go away. With the doctor report, the complaint about the excessive force and a broken finger, they will more then likely drop the case for something so petty. Being drunk and stupid while drunk does not out weigh the broken finger with pins in it to fix it! Cops may be dumb dicks, but the prosecuter will see and be able to wiegh the issues in hand! Don't be another person that just rolls over and lets the police do what they want! They work for us.
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  Don't Mistake My Kindness For Weakness
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tsollost
Master of Mopery
Registered: 06/01/08
Posts: 4,662
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just explaining the whole 10 percent thing.
but that doesn't really pertain to your particular situation.
nvm. when's your court date?
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GUNGA GALUNGA
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Triptonic
Registered: 06/13/08
Posts: 15,581
Loc:
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my court date is wed.
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Fazed
and dazed
Registered: 02/02/09
Posts: 1,783
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elcharrosays
Registered: 04/24/08
Posts: 2,757
Last seen: 13 years, 8 months
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Quote:
SpaceMonkey said:
Trip, trip, trip
Bro, why do you not want to play the "finger card" ? This could possibly make all this go away! Yes, you were drunk, Did u resist arrest? Is that why you don't know for sure if it was the cops fault?
Strait up, You needed to file the excessive force complaint with the police department for one. Then now that u got a confirmed shattered finger which has now been fixed by the doctor as proof. Call the damn prosecutor,make an appointment to see them with the reports in hand. Ask them to make it go away. With the doctor report, the complaint about the excessive force and a broken finger, they will more then likely drop the case for something so petty. Being drunk and stupid while drunk does not out weigh the broken finger with pins in it to fix it! Cops may be dumb dicks, but the prosecuter will see and be able to wiegh the issues in hand! Don't be another person that just rolls over and lets the police do what they want! They work for us.
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Triptonic
Registered: 06/13/08
Posts: 15,581
Loc:
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No I didnt resist arrest. But I dont know how he could have broken my finger now that I think about it.
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elcharrosays
Registered: 04/24/08
Posts: 2,757
Last seen: 13 years, 8 months
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So you just broke it sometime during the night while drunk and the cop had nothing to do with it?
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C3R3AL KiLLRx
Ganja Giant.
Registered: 05/15/08
Posts: 620
Loc: Sunshine State of Mind.
Last seen: 6 years, 7 months
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fuck naw blame it on the law
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Triptonic
Registered: 06/13/08
Posts: 15,581
Loc:
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I dont know I heard a pop when he grabbed it so possibly.
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C3R3AL KiLLRx
Ganja Giant.
Registered: 05/15/08
Posts: 620
Loc: Sunshine State of Mind.
Last seen: 6 years, 7 months
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the man did it to you just like they did to rodney king.
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Cannaboid
Gang Green Gang
Registered: 07/22/09
Posts: 2,260
Loc:
Last seen: 11 years, 1 month
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 have fun!
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supersiege
Strangerer
Registered: 07/26/09
Posts: 110
Last seen: 9 years, 1 month
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set up a free consultation with a lawyer, he can atleast inform you of what usually happens and what you can do about your finger, dont listen to your public pretender as elcharrosays said they just want you to sign something get in and out as quickly as possible so they can handle the 400 other cases they have. tell your PD to do what the street lawyer recommends
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Triptonic
Registered: 06/13/08
Posts: 15,581
Loc:
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Ya well my trial is tomorrow.....lookin at 2 misdemeanors so its not to bad but still I have no money. Wish me luck people.
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supersiege
Strangerer
Registered: 07/26/09
Posts: 110
Last seen: 9 years, 1 month
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wel trip I wish you the best of luck but please listen to space monkey and fight it, atleast till jury selection...i'd be scared to go to trial with a public defender, and theyll still offer plea bargains usually better ones at later court dates if you plea not guilty tomorrow oh yeah and screw probation only take it if they say they will with hold your judification until completion,meaning the charge wont be on your record if you complete probation with out violating, which is damn near impossible
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Triptonic
Registered: 06/13/08
Posts: 15,581
Loc:
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Actually I wont be getting a public defender....because they dont give you one unless you face jail time. So looks like I'm fucked lol. I think my plan is to say ya I was being stupid.
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