Untrue Weapons and Larceny Charges

**rebecki06** · 12-08-2007, 02:31 AM

my boyfriend has been charged with brandishing a weapon, assault, and petit larceny in WV. We had went to a former friends house to get money that he stole from us. He told us to show up that day(it was his payday) and get the money. He apologized and everything. We went to get it and he came out with hedge clippers and his mom started yelling my boyfriend had a gun. they yelled for a second and then we left. she called the cops and we didn't do anything. my boyfriend got arrested and the officer taunted him all the way to the courthouse. threatened to put him through a wall, called him a lazy fat ass, threatened to call CPS to come get the kids. They didn't read him his rights when he was arrested and refused to tell him what he was charged with. the officer said he would tell him when they got to the courthouse. they were almost at the courthouse before the officer told him what he was charged with. the officer asked him why doesn't he point a gun at someone that has a gun too. He call my boyfriend a **********. When the officer finally told him what my boyfriend what he was charged with, my boyfriend asked for a lawyer. then he was finally read his rights. He never got a lawyer. my boyfriend didn't act hostile at all. What can be done? I know that miranda rights have to be read to be questioned not arrested but they have to be asked if they understand them right? well the officer read my boyfriend his rights in a mocking voice like it was funny, and when he asked my boyfriend if he understood them, he did it low and my boyfriend didn't answer. I came and bailed him out. They have no proof, we don't own a gun, and it's there word against ours. What's our chances? Sorry it was so long but I have to explain. I'm worried because we really didn't do anything wrong! Plus I'm going to be a lawyer so this is kinda cool to get advice!

**aaron** · 12-08-2007, 06:40 AM

Your boyfriend was arrested at the scene? What's the police theory as to what happened to the (alleged) firearm?

**rebecki06** · 12-08-2007, 01:55 PM

No, he had a warrant for his arrest and they came to the house. The incident took place over a month ago and they are just arresting him the day before yesterday. The police haven't said anything about the gun, haven't asked if we owned a gun, if we have access for a gun, nothing. Other than the ploice officer's rude comment.

**aaron** · 12-08-2007, 02:11 PM

Your boyfriend needs to either retain a criminal defense lawyer, or to request a court-appointed lawyer.

**rebecki06** · 12-08-2007, 11:06 PM

I got to talk to my boyfriend about it some more and he said that the police asked him questions on the way to the courthouse, like "Do you own a gun?, Do you know"the person that filed the charges". Are they allowed to do that without reading him his rights first?
I didn't get to talk to him about everything in too much detail before. I didn't know they had asked him about the gun.

**rebecki06** · 12-12-2007, 07:49 PM

He got arrested again yesterday for messing with the same guy. They said he busted his windshield out and that I drove him from the scene. The day that this was "supposed" to have happened, I was in another county of the state shopping with a friend. I'm going to try to find my reciepts. The police officer who arrested him grew up in the area that I did and where this is all supposed to have happened. The officer told my boyfriend that he had heard rumors that my boyfriend threatened to shoot him in the back of the head. My boyfriend doesn't even know the officer, never even seen him before yesterday. The officer laid his gun on the table and told my boyfriend that here's his chance, does he have the Bal**. I just can't believe this crap, it makes me think I might not want to become a lawyer, because I don't know if I want to be part of this stuff. I can't believe that officers are allowed to act like that. Are they allowed to do this stuff? I always thought that people that said they were treated like crap made this stuff up, but now I know it was probably true. This guy is making our life misserable.

**aaron** · 12-13-2007, 04:58 AM

If either you or used credit or debit cards while shopping, there will be electronic records of your purchases even if you cannot find the receipts. If you act quickly, you may even be able to get store security video (the stores are unlikely to give that up voluntarily) - your boyfriend should talk to his lawyer.