[Clincher09]

I have a legal situation and if anyone has a clue about the legal system any help would be great. Basically I was at a party, everyone there was 17 or 18 (I'm 18). A girl who was doing drugs (everyone else was just drinking alcohol) was told to leave, so she called the cops and told them we had drugs and weapons. The cops busted in without a warrant, arrested 27 people and took us to the station.

We all got tickets for minor with possession and interference with an officer. However, they did not give any of us a sobriety test, and from what I've read interference with an officer is described as doing something to interfer with their job. The thing is they gave us the charge because no one in the house answered the door when they knocked, we were all in the back room sitting on the floor, and they kicked down the door.

I don't see how we can get a charge for not doing something. I plan on getting a lawyer soon but if anyone has any knowledge about this it would be greatly appreciated. Also I could have left something out so feel free to ask.

 

[buddhashenglong]

Where are you at, Wisconsin, Tasmania, Prague?

 

[Clincher09]

Oklahoma

 

[holyharry]

Quote:

Originally Posted by Clincher09 /img/forum/go_quote.gif I plan on getting a lawyer soon....

How lang ago did this happen?

I'm not from the US, but I can advise you not to delay speaking to your lawyer, especially if this has happened within 24-48 hours. Consult him/her immediately and at least take some stress out of the situation by having an idea as to where you stand.

Are you a student? You may have some entitlement to free legal aid, or at least advice.

 

[holyharry]

...oh, and good luck!

 

[tattoou2]

No warrant necessary if the police acted on "probable cause."

 

[Samgotit]

Fantastic! How long were you in? Please post your total time in the can here:

http://www.head-fi.org/forums/f11/so...n-jail-251950/

I just checked that thread. Head-Fi'ers have ~179.4 days served, not including you. We are damn near up to a half year. We can do this!

Edit: I see all you got was a crappy ticket. That's no help unless you actually did some hard time.

 

[iriverdude]

Charged with under age drinking I suppose?

 

[XXII]

Quote:

Originally Posted by holyharry /img/forum/go_quote.gif How lang ago did this happen? I'm not from the US, but I can advise you not to delay speaking to your lawyer, especially if this has happened within 24-48 hours. Consult him/her immediately and at least take some stress out of the situation by having an idea as to where you stand. Are you a student? You may have some entitlement to free legal aid, or at least advice.

x2

You need to consult a lawyer ASAP.

 

[Uncle Erik]

So what exactly were you charged with? Are the tickets for a misdemeanor or some type of infraction/violation?

Have you been booked, arraigned, released on bond, anything like that? Do you have a hearing or trial scheduled?

Did they offer to appoint a public defender?

I don't think these are felonies, but you don't want to mess around with misdemeanors, either. If it's just some kind of violation/infraction (like a regular old speeding ticket, not with recklessness, etc.) then you might be able to pay the fine and no big deal. If you're looking at a misdemeanor or two, take it more seriously. You don't want those on your record.

If they don't offer a public defender, or if you don't qualify, head to the courthouse and chat up the public defenders. I can't say for sure what it's like in Oklahoma, but most states have attorneys that are only public defenders (and can't represent others for money) and then a bunch of defense attorneys who take public defense work on contract from the county/state.

You want one of the guys who is on contract. No, don't hire the guy with the full page ad in the phone book with an enormous eagle behind him. You want the guy (or gal, for that matter) who is a public defender who can take on paid clients.

Despite the bad rep public defenders get, they're usually the best available. Really. The problem with 99% of criminal defendants is that they're complete idiots who get arrested and then confess to the police. They confess everything. They police say they're going to go easy on them and "let's just clear this up here" and then the idiot tells them everything. Usually voluntarily, without a lawyer, and on videotape.

That leaves the public defenders nothing to work with. The client will go on and on and on and on about it being BS, how they were railroaded by a bad system, and (later) how their lawyer sold them out in a plea bargain. The upshot is if that moron hadn't been on tape with a couple officers explaining how they stole the car, etc., then the public defender could have done something about it.

I'll save the rest of the rant, but you get the picture. The reason you want a public defender on contract is because they know the police, they know the DAs and they know the judges. 90% of the job is hanging around the DA's office, having beer with the DA's, and cutting deals.

The guy with the enormous eagle, American flag, mammoth wall of books, etc., etc., usually does not know the police, does not know the DAs, and does not know the judges.

You want someone who can walk into the DA's office unannounced, with your file, and start going on about "he's just a kid at a party. You're not going to take this to trial, are you? That's a waste of time. Come on, let's get lunch and talk about it."

That's how you make these sorts of things go away.

 

[Clincher09]

This happened 8 days ago. We are supposed to be getting together with our lawyer on wednesday. He is the father of one of the friends in the group who wasn't there that night, so he knows alot of us.

Quote:

Originally Posted by Uncle Erik /img/forum/go_quote.gif So what exactly were you charged with? Are the tickets for a misdemeanor or some type of infraction/violation? Have you been booked, arraigned, released on bond, anything like that? Do you have a hearing or trial scheduled? Did they offer to appoint a public defender? I don't think these are felonies, but you don't want to mess around with misdemeanors, either. If it's just some kind of violation/infraction (like a regular old speeding ticket, not with recklessness, etc.) then you might be able to pay the fine and no big deal. If you're looking at a misdemeanor or two, take it more seriously. You don't want those on your record.

Two misdemeanors, one for minor in possession and one for interference.

Quote:

If they don't offer a public defender, or if you don't qualify, head to the courthouse and chat up the public defenders. I can't say for sure what it's like in Oklahoma, but most states have attorneys that are only public defenders (and can't represent others for money) and then a bunch of defense attorneys who take public defense work on contract from the county/state. You want one of the guys who is on contract. No, don't hire the guy with the full page ad in the phone book with an enormous eagle behind him. You want the guy (or gal, for that matter) who is a public defender who can take on paid clients. Despite the bad rep public defenders get, they're usually the best available. Really. The problem with 99% of criminal defendants is that they're complete idiots who get arrested and then confess to the police. They confess everything. They police say they're going to go easy on them and "let's just clear this up here" and then the idiot tells them everything. Usually voluntarily, without a lawyer, and on videotape. That leaves the public defenders nothing to work with. The client will go on and on and on and on about it being BS, how they were railroaded by a bad system, and (later) how their lawyer sold them out in a plea bargain. The upshot is if that moron hadn't been on tape with a couple officers explaining how they stole the car, etc., then the public defender could have done something about it. I'll save the rest of the rant, but you get the picture. The reason you want a public defender on contract is because they know the police, they know the DAs and they know the judges. 90% of the job is hanging around the DA's office, having beer with the DA's, and cutting deals. The guy with the enormous eagle, American flag, mammoth wall of books, etc., etc., usually does not know the police, does not know the DAs, and does not know the judges. You want someone who can walk into the DA's office unannounced, with your file, and start going on about "he's just a kid at a party. You're not going to take this to trial, are you? That's a waste of time. Come on, let's get lunch and talk about it." That's how you make these sorts of things go away.

Ok, I believe the court may be at the police station, since that's where I went to talk to the prosecutor and he offered me 6 months probation and expungement after a year if I pass a drug and alcohol evaluatoin, which sounds good, but I still believe we shouldn't even have the charges in the first place. How do I get a hold of a public defender?

 

[milkweg]

Have the girl charged that made the complaint to police with filing false charges and sue her too.

 

[Busta9iron]

Uh, there weren't any false charges if the police found alcohol at the site, with minors. If OP pleas to a lesser charge, he has admitted guilt and that assures no false charge. I'm no attorney, but I did sleep at a Holiday Inn Express last night.

 

[YamiTenshi]

Quote:

Originally Posted by Clincher09 /img/forum/go_quote.gif This happened 8 days ago. We are supposed to be getting together with our lawyer on wednesday. He is the father of one of the friends in the group who wasn't there that night, so he knows alot of us. Two misdemeanors, one for minor in possession and one for interference. Ok, I believe the court may be at the police station, since that's where I went to talk to the prosecutor and he offered me 6 months probation and expungement after a year if I pass a drug and alcohol evaluatoin, which sounds good, but I still believe we shouldn't even have the charges in the first place. How do I get a hold of a public defender?

Disclaimer: I know nothing about the criminal courts system in Oklahoma, therefore everything I say here is based on my knowledge of the California criminal courts system which may or may not differ from the Oklahoma criminal courts system. I do not claim to be or not be a licensed attorney of any jurisdiction, state, or country. You read this at your own risk.

If you want a Public Defender you typically will not get one until the day of arraignment (the day you enter a plea before a judge). Here, our courts are usually very full (hundreds of people everyday) and you'll be assigned a courtroom with a few dozen other people. There will be some District Attorneys and Public Defenders at the front of the courtroom who will handle the cases. This is when you will be able to speak to a Public Defender about your case and decide what you want to do (plea guilty, not guilty, no contest, continuous, etc.) You will not go to trial on the day of arraignment. This is just the day for the Public Defenders to get a look at the complaints and decide how to proceed.

Whether or not you will get a Public Defender will depend on your income since people who can afford their own attorneys are usually required to hire a private attorney. You will have you give the Public Defender your income information.

I will strongly advise you not to speak to a District Attorney without your attorney (Public Defender or private) present. Here, District Attorneys never speak directly to the defendants.

As to the lawyer you plan to speak to on Wednesday... you might want to consider getting your own attorney (Public Defender or private) who is not also representing someone else who was at that party. There seems like there can potentially be a conflict of interest.

 

[iriverdude]

Can't believe not opening the door to police is classed as "interference" Did any of you block the police in your passage or once you knew they were in the house, close/block/lock interior doors? I'd certainly contest that charge. You could all have been listening to headphones or music blaring so unable to hear them knocking on the door.