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Discussion in 'Criminal Procedure, Criminal Court' started by taylorflex123, Jan 10, 2020.

  1. taylorflex123

    taylorflex123 Law Topic Starter New Member

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    Seeking legal help
    just a summary
    was pulled over for no reason in a vehicle that didn't belong to me, the officer was aiming his gun demanding i (driver) exit the vehicle before he even past his car. after i exited in which mail that didnt belong to me fell out (i was rushing because i was scared) then i was being arrested before he had my ID. i asked for a reason several times to which he didnt answer. he was rough, laughing. 5 Police vehicles come to a traffic stop. all officers cursing at me and using harsh words. they search the vehicle and charge me position of stolen items that they didnt find. something with opening letters that i did not do. it was not my vehicle i was on way home from the store, and i have people that know alot of people use the car. they are calling all of the mail owners telling my name saying i stole it. posted on a "mobile patrol" my charges with a picture. AM i crazy or is that slander? my own grandmother is disappointed. im scared of law enforcement because of this incident and im being punished for it? Any kind of help would be great, or advice! thank you
     
  2. army judge

    army judge Super Moderator

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    Truth is NOT slander.

    Truth is it's own proof.

    When you next appear in court you plead NOT GUILTY, and ask the judge if you qualify for a public defender.

    If you have the money, hire your own lawyer.

    From this moment forward, speak of this INCIDENT only with your lawyer.

    Do NOT speak of this with ANYONE but YOUR lawyer.

    You have the RIGHT to remain silent, it is FOOLISH to blab about any of this nonsense with anyone BUT your lawyer.
     
    Red Kayak likes this.
  3. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    What, if anything, have you been charged with?
     
  4. zddoodah

    zddoodah Well-Known Member

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    That's not true. Nothing in the history of the world has ever happened "for no reason." Just because you don't know the reason or don't think it's a good reason doesn't mean there was "no reason."

    I have no ability to assess whether or not you're crazy, and what you described isn't even close to slander.

    I'm not really sure what you're asking. If you've been charged with a crime, you need the services of a criminal defense attorney. If you haven't been charged with a crime and believe you were wrongfully arrested, consult with a civil rights attorney.
     
  5. mightymoose

    mightymoose Moderator

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    Surely there was a reason. You just may not know what it was.

    At this point you were probably just being detained, but so far everything seems fine.

    He didn't have to, though this typically should have become clear at some point later.

    If you feel their personal conduct was unprofessional you can make a formal complaint to the department about it.

    It was probably as this point that you were actually arrested, but this makes no sense. If they didn't find anything then you were not in possession of the items.
    Did you consent to the search? Do you understand what reason they had to search the vehicle? Were you a licensed driver and in possession of your license?

    They likely contacted those people to ask if there was any reason you would be in person of their mail, which you apparently were. That doesn't necessarily mean you stole it.

    It is not slander. It doesn't mean you are crazy either. You arrest is public information.

    Not yet. You still have not been convicted. A jury will have to decide.

    Don't steal stuff.
    Don't hang out with people who steal stuff.
    Completely inspect the contents of a vehicle before borrowing it, because while driving it you are responsible for what is in it.
     
  6. welkin

    welkin Active Member

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    Also know as constructive possession which is rebuttable with unwitting possession.

    I don't think it is practical or done by anyone that when you borrow a car you would search the vehicle for contraband.
     
  7. mightymoose

    mightymoose Moderator

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    However, "I'm just borrowing it" is practiced by everyone.
    In this case, stolen mail falling out of the open driver door likely makes it hard to argue lack of knowledge of the contents.
     
  8. KatDini

    KatDini Well-Known Member

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    notmypants.jpg
     
    cbg, Highwayman, mightymoose and 2 others like this.

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