Alcohol & Drugs: MIP, MIC, Intoxication Alcohol intoxication and Theft by unlawful taking, Can I fight this in court?

[anti678]

I didn't know where to post this because it has two different charges in one. Two days ago my friend attempted to steal a laptop that belonged to the owner of a bar. He handed me the charger to the laptop and exited the building leaving me in there a little confused. I had a pretty good idea of what was going on but might I add it was a bar on a saturday night.

I was walking towards the exit with the laptop charger in hand and the owner noticed me holding it. Might I add I wasn't trying to conceal it, it was out in plain sight. He then approached me and asked me if that was my charger and who it belonged to, to which I responded, "I have no idea who it belongs to, no it's not mine, you can have it." The only person who witnessed this was the owner of the bar and a bouncer. After handing him the charger, I left to meet with my friends down the road. They followed me with a police officer at this point and this is when they discovered my friend was in posession of the stolen laptop. We didn't flee, we were very cooperative, and I didn't speak unless spoken to, which means I didn't really talk.

By the end of the night, a police officer arrested me without reading me my rights, for 'theft by unlawful taking' when the only proof he had of me being in posession of the stolen laptop charger was the owners word against my own, he didn't see me with it personally, and I never exited the building with it. He also gave me a Alcohol Intoxication without any proof of me being drunk. He didn't give me a sobriety test, he didn't check my Blood Alcohol level, he just put me in the back of his vehicle in handcuffs and drove me to jail.

Can I fight this?

 

[army judge]

I didn't know where to post this because it has two different charges in one. Two days ago my friend attempted to steal a laptop that belonged to the owner of a bar. He handed me the charger to the laptop and exited the building leaving me in there a little confused. I had a pretty good idea of what was going on but might I add it was a bar on a saturday night.

I was walking towards the exit with the laptop charger in hand and the owner noticed me holding it. Might I add I wasn't trying to conceal it, it was out in plain sight. He then approached me and asked me if that was my charger and who it belonged to, to which I responded, "I have no idea who it belongs to, no it's not mine, you can have it." The only person who witnessed this was the owner of the bar and a bouncer. After handing him the charger, I left to meet with my friends down the road. They followed me with a police officer at this point and this is when they discovered my friend was in posession of the stolen laptop. We didn't flee, we were very cooperative, and I didn't speak unless spoken to, which means I didn't really talk.

By the end of the night, a police officer arrested me without reading me my rights, for 'theft by unlawful taking' when the only proof he had of me being in posession of the stolen laptop charger was the owners word against my own, he didn't see me with it personally, and I never exited the building with it. He also gave me a Alcohol Intoxication without any proof of me being drunk. He didn't give me a sobriety test, he didn't check my Blood Alcohol level, he just put me in the back of his vehicle in handcuffs and drove me to jail.

Can I fight this?

You, as is every other criminal defendant, innocent until proven guilty.

In KY, a police officer can arrest you for a felony if committed in his presence, or he has reasonable grounds to believe you committed said felony (that would be the witnesses that fingered you).

Your rights didn't need to be read, because he wasn't questioning you.
As you said,m you spoke little anyway.
That said, he can ask your name, age, date of birth, address, etc...

So, you plead NOT GUILTY (its your right), ask for a lawyer, follow the advice of your lawyer.

Now, as far as theft, that might be very hard for them to prove.

A missing element seems to be the "intent to permanently deprive".

It isn't theft, although it could be something else, if that can't be proven.

In your case, if you really kept your pie hole shut, it'll be hard to sustain that charge.

In fact, the DA might just kick it.

Behave yourself, keep your yap shut, be polite, be well dressed, be on time, and ask for a lawyer.

I don't think they have a case against you.

But, your buddy is cooked.

Besides, the value of that power cord is about $50 to $100.

That's normally in the misdemeanor range.

Shut your yap, wait it out, stay outta trouble, and you might beat this one.

One last point, if its a misdemeanor you're charged with, a police officer in KY can't make a warrantless arrest in KY. So, I'm guessing that's why they charged you as they did. An officer can arrest for a misdemeanor only if the offense is committed in his presence.

Play it cool, don't be no fool, use this as a school, get that street law knowledge, its better than college, plead not guilty dude, but be nice and never rude.


Here is the law on police authority to arrest in KY:

431.005 Arrest by peace officers --
(1) A peace officer may make an arrest:
(a) In obedience to a warrant; or
(b) Without a warrant when a felony is committed in his or her presence; or
(c) Without a warrant when he or she has probable cause to believe that the person being arrested has committed a felony; or
(d) Without a warrant when a misdemeanor, as defined in KRS 431.060, has been committed in his or her presence; or
(e) Without a warrant when a violation of KRS 189.290, 189.393, 189.520, 189.580, 511.080, or 525.070 has been committed in his or her presence, except that a violation of KRS 189A.010 or KRS 281A.210 need not be committed in his or her presence in order to make an arrest without a warrant if the officer has probable cause to believe that the person being arrested has violated KRS 189A.010 or KRS 281A.210; or
(f) Without a warrant when a violation of KRS 508.030 has occurred in the emergency room of a hospital without the officer's presence if the officer has probable cause to believe that the person being arrested has violated KRS 508.030. For the purposes of this paragraph, "emergency room" means that portion of a licensed hospital which has the primary purpose of providing emergency medical care, twenty-four (24) hours per day, seven (7) days per week, and three hundred sixty-five (365) days per year.
(2) (a) Any peace officer may arrest a person without warrant when the peace officer has probable cause to believe that the person has intentionally or wantonly caused physical injury to a family member or member of an unmarried couple.
(b) For the purposes of this subsection, the term "family member" has the same meaning as set out in KRS 403.720.
(c) For the purpose of this subsection, the term "member of an unmarried couple" has the same meaning as set out in KRS 403.720.

 

[disagreeable]

It appears you had an interest in the theft. A jury will decide that apparently.

514.030 Theft by unlawful taking or disposition -- Penalties.
(1) Except as otherwise provided in KRS 217.181 or 218A.1418, a person is guilty of theft by unlawful taking or disposition when he unlawfully:
(a) Takes or exercises control over movable property of another with intent to deprive him thereof; or
(b) Obtains immovable property of another or any interest therein with intent to benefit himself or another not entitled thereto.