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  1. #1
    Join Date
    Dec 2011
    Posts
    3

    Default Going to Trial, but Denied a Court-Appointed Lawyer

    I'm located in Saginaw, Michigan, I got arrested for refusing to give me my name, I wasn't pulled over or stopped, I was at someone's house when the police were called because the lady next store to my buddy's house said they vandalized her sidewalk all they did was right on it with chalk, like the games nothing bad, the kids were like 5-8 years old, so anyways I said something to the lady when she was on the porch, I told her to go inside and to stop harassing us, well she called the police over and said I was harassing her, so I ended up walking on the porch because I knew they couldn't touch me, there was over 13 police offers and 7 police cars there, I ended up coming off the porch they ended up rushing towards me saying what's my name, I said for what they said a investigation, and I said what investigation, they wouldn't say anything else and they grabbed my arms each one of them, and said your going to jail, and they threw me in the back of the police car, didn't even cuff me yet, so 20 minutes later they came back to the police car asked me my name again, I said I did nothing, nor am I a criminal I don't have any reason to give you it, I didn't have warrants or anything alike so I felt like I was being bulled, they ended up grabbing me out of the car about breaking my arms, threw me on the back of the cop car, and said now your going to jail, I said for what they said "We will figure something to charge you with" So I got my charge in the mail like a month later for harassment, I plead not guilt, took it to jury trial, they dismissed the charges when I went to trial, so all is good until about 4 months later, I get another notice, now they are charging me with R/O Resiting and obstructing, So I plead not guilt again, ask for a jury trial, and ask for a lawyer and the judge says I can't have one, won't say why, and I ask the court person why not if I'm allowed by the US constitution, they said it's up to the judge, I can't afford one as I'm unemployed, and broke, and like a few days later I get another charge in the mail now they tacked on Disorderly conduct because I wouldn't plead guilty when I didn't do anything why would I? So do they legally have to give me one if I can't afford one? Who can I contact if they won't? I know the judge hates me as he has always screwed me on previous tickets, nothing criminal though as I have no criminal record at all. Also what should I do to prepare for the trial if I can't end up getting a lawyer, anything I should take or do since I'm going to be representing myself. If you also read the ticket I got when I went to jail the cop wrote, it says nothing about fighting with the police or anything, it says I was harassing the lady next door. I also forgot to mention I have to go to court next month for the disorderly charge a week before my trial, how can I be charged for two separate crimes when they both happen at the same time, and how can they charge me twice, is it because they didn't actually drop the charges only dismissed?

    It's not a felony or alike, but I could get up to 60 days in jail and fines, for the R/O charge alone.

    thanks for the advice/help

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,964

    Default Re: So I Need Your Advice and Help, I'm Going to Jury Trial, I Can't Get a Lawyer

    I expect it's MCL 750.81d.

    With that many police vehicles responding, I expect that they thought that you were armed. You did yourself no favors by acting like an idiot when the police arrived, instead of being polite and cooperative, but I expect you've figured that out by now. I suggest investigating whether any of the vehicles had video cameras and, for each that did, getting a copy of the video from the scene of your arrest.

    You completed an affidavit that you submitted to the court, describing your assets and income. If you have no income and were still denied a court appointed lawyer, presumably you have assets that the judge felt were sufficient to cover the cost of hiring a lawyer. Regrettably, we have no information about your assets.

    The alleged act of harassing your neighbor may have happened in the same location as the alleged act of your resisting arrest, but the allegations are of two separate offenses that occurred at two separate times.

  3. #3
    Join Date
    Dec 2011
    Posts
    3

    Default Re: So I Need Your Advice and Help, I'm Going to Jury Trial, I Can't Get a Lawyer

    How would they expect I have a gun? You sure didn't read my post at all since you stated that I WAS NOT at the house when the police were there, I came 30 minutes to an HOUR LATER after the fact, and after they were done with everything, I know I'm not being charged with the felony I because it's a city/local charge, Because the max jail is 60 days and min mum is a fine. Also I think they added on the second charge because the fact I got it to a jury trial and they had zero evidence or lack of at that for charging me with the original crime, and don't you think the jury will think it's funny that they keep changing the charges and dropping then? Also I filed a complaint on the officer a day later, Internal affairs said they found nothing wrong, but then again all they did was take the police's word since they never bothered to contact me, and there was NO police video, ZERO police cars in this entire city has cameras, seems kinda fishy to me, since that's the first thing I did was request the video, I also actually went to where the police park at the police department and went up to a car to see if they did have video or not because I thought they were lying, but nope none I seen had video and I was told that none of the police cars do have video.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,964

    Default Re: So I Need Your Advice and Help, I'm Going to Jury Trial, I Can't Get a Lawyer

    Quote Quoting ryan1918
    View Post
    How would they expect I have a gun?
    Is that they weapon they believed you had? Thanks for filling us in. Read the police report then tell us why they believed you had a gun.
    Quote Quoting ryan1918
    You sure didn't read my post at all since you stated that I WAS NOT at the house when the police were there, I came 30 minutes to an HOUR LATER after the fact
    I did read your post. You wrote,

    I got arrested for refusing to give me my name, I wasn't pulled over or stopped, I was at someone's house when the police were called because the lady next store to my buddy's house said they vandalized her sidewalk all they did was right on it with chalk, like the games nothing bad, the kids were like 5-8 years old, so anyways I said something to the lady when she was on the porch, I told her to go inside and to stop harassing us, well she called the police over and said I was harassing her, so I ended up walking on the porch because I knew they couldn't touch me, there was over 13 police offers and 7 police cars there, I ended up coming off the porch they ended up rushing towards me saying what's my name, I said for what they said a investigation, and I said what investigation, they wouldn't say anything else and they grabbed my arms each one of them, and said your going to jail, and they threw me in the back of the police car, didn't even cuff me yet, so 20 minutes later they came back to the police car asked me my name again, I said I did nothing, nor am I a criminal I don't have any reason to give you it, I didn't have warrants or anything alike so I felt like I was being bulled, they ended up grabbing me out of the car about breaking my arms, threw me on the back of the cop car, and said now your going to jail, I said for what they said "We will figure something to charge you with"...

    as one, single thought. If I were a psychic I might have figured out that you meant something other than what you wrote, but as it stands I had to do with what you wrote. You meant something else? Then, rather than being obnoxious toward those who are trying to parse your narrative and respond to the facts exactly as you originally described them, it would behoove you to learn how to communicate effectively.
    Quote Quoting ryan1918
    I know I'm not being charged with the felony I because it's a city/local charge, Because the max jail is 60 days and min mum is a fine.
    Okay, so the charge identified on the charging documents is what?

    If you're charged with an ordinance violation, or the prosecutor has agreed to a "no jail time" resolution, it's more understandable why you didn't qualify for a court-appointed lawyer. I would expect a typical ordinance-level misdemeanor to be a 90-day misdemeanor, so I suspect you still have your facts wrong.
    Quote Quoting ryan1918
    don't you think the jury will think it's funny that they keep changing the charges and dropping then?
    If you behave in court as you behaved toward the police, or as you have behaved in this forum, I would not expect the judge to find much humor in your antics.

  5. #5
    Join Date
    Jul 2010
    Posts
    2,540

    Default Re: So I Need Your Advice and Help, I'm Going to Jury Trial, I Can't Get a Lawyer

    Video in patrol cars is more the exception than the rule. It isn't cheap so many smaller departments can't afford it. Even the bigger departments often only equip specific units, like traffic/dui cars. If there is no video evidence or impartial witnesses, it will come down to your word versus the officers'. If your behavior in court is anything like here, or as alleged when you were arrested, you will have an uphill battle.

  6. #6
    Join Date
    Dec 2011
    Posts
    3

    Default Re: So I Need Your Advice and Help, I'm Going to Jury Trial, I Can't Get a Lawyer

    I'm so lost where do you keep getting this gun thing from? It says nothing about in the police report about a gun, nor did I mention that, nor did the cops think I had a gun, I'm very lost where you keep getting this idea from..

    The ticket shows misd chap-3 130.30.

    I didn't know refusing to give my name was wrong because as per the law I don't have to provide it, and also backed up by his commander, Trust me if you were to see the police around here it's a joke, they would rather harass me then stop the people that murder people daily, I guess that's why we are the most Violante city in the united states.

    I don't have a problems with cops or police just so you know, I work all the time with several United states secret service agents, and FBI agents on cases all the time so don't make it like I'm hating them, I hate when they abuse there power which is to uphold the law not abuse it.

  7. #7
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,964

    Default Re: So I Need Your Advice and Help, I'm Going to Jury Trial, I Can't Get a Lawyer

    You really need to learn basic communication skills. You brought up your alleged possession of a firearm: "How would they expect I have a gun?". Nobody else mentioned a gun until you suggested that's what caused the police to respond in force.

    Chapter 3-130.30 of what municipal code?

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