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Old 08-18-2007, 03:44 AM   #1
Protege Menace
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Angry Need legal advice. Friend got a misdemeanor and wasn't THERE. Corrupt cops?

It rains a lot on saturday. We drive 2 cars and go puddle splashing. My friends newly purchased first gen rx7 stalls after hitting a puddle. Hes in the road trying to start it back up, cop pulls behind and inquires. Friend tells cop the car wont start, cop says meh, just push it into that parking lot (and that cop leaves, as its no big deal).

We push it in and since it wont start leave it there overnight.

We drive home (3 blocks) and sleep. Next morning go back to car to bring it home, and there is a ticket on the windshield. Friend takes ticket downtown, and they say it is a "person in park after dark" (and was written at 5:25am) ticket which means my friend got a misdemeanor .

On the ticket they dont list ANY personal info other than car description and "R/O Andre _____" meaning the cop ran the car and listed the registered owner.



Now my friend has to go to court to fight this BOGUS criminal ticket so he won't have a criminal record. We have 3 friends as witnesses that he wasnt in the park at ALL, we want to find the cop who pulled behind him to be a witness saying the car broke down, it was parked for THAT reason, NOT because he was in the park after hours.

We think it is COMPLETE bull**** that just because a car was parker 10 feet off the main road in a parking lot, that he should get a misdemeanor for being in the park, when there is NO proof he was IN the park.

**** the police keeps coming up in our conversations, as it seems extremely corrupt and shady of that cop to go ahead and assume he is in the park just because his car is parked there.

Does the state have to prove beyond a reasonable doubt that My friend was in the park? because they cant, all they have is a car parker in a lot, and a cop who checked and wrote down who owned the car....

He will GLADLY pay a parking ticket, but charging him with a criminal offense of BEING there when they did NOT know if he was actually there seems BULL****. ALso, one of our friends works for one of the big news stations, who said that his anchor buddies love doing investigations on **** like this, so if it doesnt get dropped we will DEF get a story done on **** like this.
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Old 08-18-2007, 03:50 AM   #2
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Originally Posted by Protege Menace View Post
It rains a lot on saturday. We drive 2 cars and go puddle splashing. My friends newly purchased first gen rx7 stalls after hitting a puddle. Hes in the road trying to start it back up, cop pulls behind and inquires. Friend tells cop the car wont start, cop says meh, just push it into that parking lot (and that cop leaves, as its no big deal).

We push it in and since it wont start leave it there overnight.

We drive home (3 blocks) and sleep. Next morning go back to car to bring it home, and there is a ticket on the windshield. Friend takes ticket downtown, and they say it is a "person in park after dark" (and was written at 5:25am) ticket which means my friend got a misdemeanor .

On the ticket they dont list ANY personal info other than car description and "R/O Andre _____" meaning the cop ran the car and listed the registered owner.



Now my friend has to go to court to fight this BOGUS criminal ticket so he won't have a criminal record. We have 3 friends as witnesses that he wasnt in the park at ALL, we want to find the cop who pulled behind him to be a witness saying the car broke down, it was parked for THAT reason, NOT because he was in the park after hours.

We think it is COMPLETE bull**** that just because a car was parker 10 feet off the main road in a parking lot, that he should get a misdemeanor for being in the park, when there is NO proof he was IN the park.

**** the police keeps coming up in our conversations, as it seems extremely corrupt and shady of that cop to go ahead and assume he is in the park just because his car is parked there.

Does the state have to prove beyond a reasonable doubt that My friend was in the park? because they cant, all they have is a car parker in a lot, and a cop who checked and wrote down who owned the car....

He will GLADLY pay a parking ticket, but charging him with a criminal offense of BEING there when they did NOT know if he was actually there seems BULL****. ALso, one of our friends works for one of the big news stations, who said that his anchor buddies love doing investigations on **** like this, so if it doesnt get dropped we will DEF get a story done on **** like this.
In some states local ordinances like in park after dark are misdemeanors, but light ones.

He'll win it in court, since the cop can't prove he was there, only the car. The cop probably just assumed your buddy was in the park area, but didn't do any investigating.

Take it to court, get a lawyer if he wants to, and he'll be good to go. Tell him not to sweat it too bad, because even though it's technically a misdemeanor, it's not going on his criminal record (most likely....YMMV in your state, don't take my word). He'll have even better luck if he gets/consults a lawyer.

Yes that state has to prove BRD that he was there for the charge to stand. And I agree, it doesn't sound like the state has a case.
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Old 08-18-2007, 03:50 AM   #3
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Just go to court and fight it, something tells me it shouldn't be a problem. Probably a bogus police officer, perhaps one who isn't familiar with the rules.

However to say: **** the Police as if the entire profession is at fault for this one incident is rather ignorant. I understand tempers flair but when my Electrician that I hired screwed up I didn't sit there and spew curse words at the entire Electrician profession either. I still have never understood the concept of blaming every police officer in general when you find similar problems in every work-force and yet you typically don't curse those entire professions out.

.02 cents done, over and out.
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Old 08-18-2007, 03:53 AM   #4
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Good.

Why cant the cop give out legit tickets for **** they know is true? aka a parking in the lot after hours? instead of assuming he was actually IN the park?


Also, a lawyer will cost quite a bit, were thinking of having all 4 of us go in in suits and give out witness accounts of having been with friend the entire night at our apartment (except walking drunk to the gas station, which we will be on camera for)


We are just pissed they can come up with bull**** accusations with absolutely 0 proof of.


ALso, we KNOW all cops arent bad, I myself have never met a bad one (and I get pulled over quite often), but **** like this really lessens your love of the average cop
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Old 08-18-2007, 03:56 AM   #5
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Just go to court and fight it, something tells me it shouldn't be a problem. Probably a bogus police officer, perhaps one who isn't familiar with the rules.

However to say: **** the Police as if the entire profession is at fault for this one incident is rather ignorant. I understand tempers flair but when my Electrician that I hired screwed up I didn't sit there and spew curse words at the entire Electrician profession either. I still have never understood the concept of blaming every police officer in general when you find similar problems in every work-force and yet you typically don't curse those entire professions out.

.02 cents done, over and out.
I was going to go there....but I haven't seen this kind of outburst/sentiment from PM before, so he's probably just venting.

But yeah, the cop is thinking this:
1) he can write and count the ticket on his stats.
2) he doesn't care if he wins or loses it, he already counted it on his stats

Oh, and if he was a decent cop he wouldn't be ticketing vacant cars, he would be going after real bad-guys. They're out there, (except in real podunk-ville), all the time. You just got to WANT to find them. And some cops are content not finding them. Personally when I worked the road, I took pride in seeing lower crime stats in my territory (same one for 2 years), and talking to folks in the area who said they noticed a decline in crime.

Once I FINALLY caught a guy who was giving us fits breaking into tractor trailer trucks and stealing cargo. I think we were doing like 5 reports a night. Could never catch that bastard. We finally did, and the thefts stopped. IT was so satisfying, and not just because I had 5 less reports to write a night!!
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Old 08-18-2007, 03:57 AM   #6
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Good.

Why cant the cop give out legit tickets for **** they know is true? aka a parking in the lot after hours? instead of assuming he was actually IN the park?


Also, a lawyer will cost quite a bit, were thinking of having all 4 of us go in in suits and give out witness accounts of having been with friend the entire night at our apartment (except walking drunk to the gas station, which we will be on camera for)


We are just pissed they can come up with bull**** accusations with absolutely 0 proof of.


ALso, we KNOW all cops arent bad, I myself have never met a bad one (and I get pulled over quite often), but **** like this really lessens your love of the average cop
that's not the average cop. That's the BELOW average cop.
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Old 08-18-2007, 03:58 AM   #7
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Yea, probably not the brightest or best that force has to offer, but at least you guys seem like you've got a good idea about going in dressed well. You guys probably just dealt with one of a couple jack-holes on that department. They're on every force, just like there's always a couple jack-holes in every job. Just hope you don't have to deal with him/her again after this.

BTW, did he/she leave a name on the write-up? Such as Ofc. J. Doe? There may be a way of requesting to speak with him prior to the court date to have this thrown out. I'm not familiar with how the laws are formatted in the Tri-State area though.
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Old 08-18-2007, 03:59 AM   #8
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my dik is tykc.
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Old 08-18-2007, 03:59 AM   #9
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PM, what PD was it? I just met a guy that works for Mt Holly PD in NJ. And his G/F....and she flashed us her tittays....they were nice.
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Old 08-18-2007, 04:00 AM   #10
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my dik is tykc.
Can I rent your "space"?
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Old 08-18-2007, 04:01 AM   #11
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yeah, ive never disliked cops, I know if you are a dickhead to them they will treat you that way, so in all my years of getting pulled over i gave respect and was honest and havent EVER gotten a ticket while driving.



On the ticket it only lists badge number. also, the cop does NOT have to show up for this court case. so we may try to find out who the nice cop was who made sure we were safe when the car stalled, he can back us up as to a broken car and NOT being in the park just to be there.


oh, and I'm back in Minnesota :X
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Old 08-18-2007, 04:02 AM   #12
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yeah, ive never disliked cops, I know if you are a dickhead to them they will treat you that way, so in all my years of getting pulled over i gave respect and was honest and havent EVER gotten a ticket while driving.



On the ticket it only lists badge number. also, the cop does NOT have to show up for this court case. so we may try to find out who the nice cop was who made sure we were safe when the car stalled, he can back us up as to a broken car and NOT being in the park just to be there.


oh, and I'm back in Minnesota :X
how in the HELL can the state make a case without the one and only witness, the cop?

I've never had a case where I didn't have to testify in a trial or a hearing if the defendant wanted it. From headlight out to murder....
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Old 08-18-2007, 04:04 AM   #13
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Wouldn't hurt to call in to the PD and request to speak to that Officer (just ask dispatch/front desk worker for the Officer that belongs to that badge #). If you kindly explain to that Officer about his/her colleague that traveled by and told you to park there, he/she may be able to void the whole thing. Keeps you from having to go to court.

It's possible to do that up here in Maine. When I work my dispatch gig people call up to speak to certain Officers all the time.
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Old 08-18-2007, 04:05 AM   #14
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my friend specifically asked about this when he met with some slackey during the "hearing" (which was just one disgruntled city worker who set up a court date), she said the cop doesnt have to come to this one.


yeah, we know exactly what time we were pulled over, so were hoping to kindly find out which guy that was that helped us, I'm sure hed back us up.
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Old 08-18-2007, 04:06 AM   #15
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Wouldn't hurt to call in to the PD and request to speak to that Officer (just ask dispatch/front desk worker for the Officer that belongs to that badge #). If you kindly explain to that Officer about his/her colleague that traveled by and told you to park there, he/she may be able to void the whole thing. Keeps you from having to go to court.

It's possible to do that up here in Maine. When I work my dispatch gig people call up to speak to certain Officers all the time.
he can try that, but in bigger PDs, it'd be tough even if the officer went out over the radio....
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Old 08-18-2007, 04:07 AM   #16
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dont they always have to call in when they light someone up? (mainly for safety reasons?)
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Old 08-18-2007, 04:12 AM   #17
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supposed to, but sometimes you don't.

If he got out and talked with you guys, I'd expect he called it in. The dispatcher may not be able to search for it though...all systems are different.
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Old 08-18-2007, 04:13 AM   #18
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he can try that, but in bigger PDs, it'd be tough even if the officer went out over the radio....
That's true. I just figured I would throw the suggestion out just in case it's a small town PD like back up here in the North Country where you belong DY

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dont they always have to call in when they light someone up? (mainly for safety reasons?)
Yes, but that Officer who stopped behind you guys may more may not have called in. If he did Dispatch probably didn't record it, just simply used the computer software to mark his unit as "busy" so that way they could check on him if he didn't call in for a few minutes.

The dispatch software I use only records if the officer goes out on a call, not if he simply calls in and is busy until he calls back.

Worth a try though.
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Old 08-18-2007, 10:36 PM   #19
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so you're not in NY anymore, right?
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Old 10-16-2007, 05:54 AM   #20
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UPDATE:

My friend went in to speak with whoever it was (wasn't judge, it was the step before that) about the ticket.

He simply stated that the cop was "too lazy to go in the park" to find him, so he just wrote the ticket without any personal info and used the R/O as the person.

the guy agreed completely and said "this is ridiculous" and because of that reason AND someone messed up writing the statute down properly (something like S43- instead of filling out the last number as in S43-7) it was dropped to a $28 dollar parking ticket which my friend said he would glady own up to.


So all is well in the end, BUT my 2 friends had to take off work to go in at 9am to the city to fight this, so it was a pain in the ass but it worked out.
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Old 10-16-2007, 05:56 AM   #21
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UPDATE:

My friend went in to speak with whoever it was (wasn't judge, it was the step before that) about the ticket.

He simply stated that the cop was "too lazy to go in the park" to find him, so he just wrote the ticket without any personal info and used the R/O as the person.

the guy agreed completely and said "this is ridiculous" and because of that reason AND someone messed up writing the statute down properly (something like S43- instead of filling out the last number as in S43-7) it was dropped to a $28 dollar parking ticket which my friend said he would glady own up to.


So all is well in the end, BUT my 2 friends had to take off work to go in at 9am to the city to fight this, so it was a pain in the ass but it worked out.
And as I was JUST talking about in the other thread...

The court system is your friend, and weeds out the B.S. tickets from ass-hole cops...
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Old 10-16-2007, 05:57 AM   #22
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Thats why I remembered to update this, he went to the city a week ago or so.

I was actually proud that the system (well one part of it) worked the way it should, but my friends still had to go through all sorts of crap, taking off work and such to prove their innocence.
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Old 10-16-2007, 05:59 AM   #23
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Thats why I remembered to update this, he went to the city a week ago or so.

I was actually proud that the system (well one part of it) worked the way it should, but my friends still had to go through all sorts of crap, taking off work and such to prove their innocence.
Well, as they should have. The car WAS parked illegally, and 95% of the time, there WOULD have been people in the park probably...

Your friend was just part of a crappy coincidence, not by choice of course...
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Old 10-16-2007, 06:05 AM   #24
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then give him a parking ticket.


we don't have precogs, cops don't know if he was actually in the park, and were too lazy to check.

we even have a HUGE police force JUST for the parks around here. Guess its easier for cops to bull**** and let the poor citizens prove their innocence.
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Old 10-16-2007, 06:07 AM   #25
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then give him a parking ticket.


we don't have precogs, cops don't know if he was actually in the park, and were too lazy to check.

we even have a HUGE police force JUST for the parks around here. Guess its easier for cops to bull**** and let the poor citizens prove their innocence.
But why ELSE would a car be parked in a park parking lot?

Somebody parked there to carpool, knowing it was going to close, and wanted a parking ticket? No.

If you see an empty car, in a park, after hours... there's a 95% chance that somebody that drives the car, is around. At least you would "think" so...
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