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  1. CdwJava

    Justice System, Police, Courts rights taken

    It is unusual, to be sure, but there are a number of circumstances under which a prolonged detention would be understandable and, perhaps, necessary. If he were arrested, yeah, they'd probably want to get him out of there as soon as possible. But, sometimes that just isn't possible. Smaller...
  2. CdwJava

    Justice System, Police, Courts rights taken

    Okay. How old is he? Was he harmed in any way? Why was he being detained there? Was he arrested? Released? Still there? Do you have a question?
  3. CdwJava

    Other Criminal Charges & Offenses Friend of mine hit a parked car.

    I suspect it was towed as evidence. He may have to wait a long time for them to release it if he isn't going to talk to them. But, that's his call to make. He can also expect that even if they can't make criminal charges stick against him, depending on the investigation the owner of the...
  4. CdwJava

    Alcohol & Drugs: DUI, DWI Second DUI

    The courts do not issue citations - the police do. If your citation was suspended for THIS incident, then it is almost certain the police were involved and your license was suspended by issuance of an Admin Per Se document (a DS 367) that informs you that your license will be suspended in 30...
  5. CdwJava

    Alcohol & Drugs: DUI, DWI Second DUI

    You say you were hospitalized and released. Were you issued a citation by the police for the DUI? Were you arrested and booked into the jail? If cited or physically arrested and then released (on a promise to appear - a citation), then your arraignment date should be on the citation. If...
  6. CdwJava

    Alcohol & Drugs: DUI, DWI dui in ky

    What kind of chemicals? What was the time frame between his inhalation and his driving?
  7. CdwJava

    Crossing double yellow line to park

    What code section were you cited for? Was this over a single set of double yellow lines? Was there a break in the lines? And, note that if this was a business district, even a U-Turn would be unlawful.
  8. CdwJava

    Sex Crimes, Sex Offenders Age of consent

    While the age of consent in NY state might be 17, other laws can apply if your adult boyfriend encourages you to defy your parents so that you can go out and practice starting a family. So, while the intercourse might not be unlawful, the surrounding actions might well result in criminal...
  9. CdwJava

    Emancipation

    New York apparently has no set procedure for the emancipation of minors. In general, you can be considered emancipated if ... · You are over the age of 16 · You do not live with either of your parents (unless you live away from home only because of school, camp, college, or other temporary...
  10. CdwJava

    Police in PA no longer need warrants to search automobiles.

    Quite true. Ditto. I would have thought they'd be in line with most others. But, every so often on this and other forums I discover that some states have idiosyncrasies that each of us consider peculiar based upon our individual experience, education and understanding.
  11. CdwJava

    Police in PA no longer need warrants to search automobiles.

    I don't see it as all that earth shattering as it brings PA into line with established federal standards for probable cause (and the odor of a controlled substance such as marijuana), and recognizes the exigency inherent with regards to a vehicle. If the decision is unpopular, the PA...
  12. CdwJava

    Alcohol & Drugs: MIP, MIC, Intoxication Possession of Alcohol MIP

    What code section were you cited for? I suspect you were cited for being under 21 and having alcohol in the vehicle. But, to know what the elements of the offense were, we need to know the statute under which you were cited.
  13. CdwJava

    Denied public def due to income but cant afford atty in NV crim case

    First off, about 9 in 10 arrests never require Miranda rights. Miranda generally applies only when you have both custody and interrogation. An arrest - by itself - does not require Miranda. There are a number of factors that might come into play with regards to the delay in arraignment. If...
  14. CdwJava

    traffic citations

    When a person posts in such a way as to imply that it is the LAW that is amiss and not the actions of a driver, I will ask for clarification.
  15. CdwJava

    traffic citations

    You can't be serious! :confused: First off, you have no clue as to what the OP was cited for and the circumstances behind it. You ASSUME for reasons of your own that the reasons were frivolous, unwarranted, and by your inference, maybe even unlawful. Of course, we're not talking about any of...
  16. CdwJava

    traffic citations

    Or, maybe, the OP was driving like a fool, got cited, and chose not to pay the piper. There are reasons for traffic safety laws, AJ. A firm finger wag doesn't usually get the point across.
  17. CdwJava

    Assault & Battery assault

    You're right, we wouldn't care. But, the justice system would have to. We could call it "the slaughter of innocent youth," but it still would be the sexual molestation of a minor. I have similar tales ... sadly enough. Not arguing that, just that it's not "rape." And if we are discussing...
  18. CdwJava

    Assault & Battery assault

    But, as it was not forced or coerced, it cannot be "rape." That has a very distinct definition under the law. The legal inability to give consent makes the offense criminal, but not rape. It may be a legal distinction of little import when discussing legalities, but it is an important one as...
  19. CdwJava

    Alleged theft at a store

    They also don't tend to flee LP, clerks, or security ... and even that flight can be evidence of guilt, is no guarantee of escape, and can result in additional criminal charges - part of the reason why most do NOT flee even from the non-po-po. Point of fact is that few criminals, if caught...
  20. CdwJava

    Assault & Battery assault

    As there is no statement indicating the sex was coerced, it was not forced. Unless the suspect was in a position of authority over the victim, it was consensual in that the victim readily agreed to it. By definition, that cannot be "rape." It might be unlawful in many other ways, but, it...
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