Kicked Out and Then Arrested

My question involves criminal law for the state of: IN

The incident......
I called the police 8/21/09 for help as my best friend of 30 yrs. was taunting me with threats that she would toss our property into the alley by morning.

On 8/15/09, she had offered myself and my 2 children (son 16 and daughter 14) to stay until our move on August 28th along with storing our property. I paid her sons each $50 & husband $80. It went smoothly & we could have stayed at the other house, but it seemed like it may be fun...plus, we had already sold the appliances, so acting like we were camping while the kids were getting ready for the 1st week of school didn't sound appealing.

Around 8/18 the issues began. I had taken the kids shopping for school and she seemed irritated that I had done so. She didn't know was that my ex-husband had paid for most of it. The next day she took her kids shopping.

There were 3 confrontations with my kids that led to the event that led to my arrest. First, when I disagreed with her confronting my 14yo daughter about flushing her tampons by saying she was "leaving a bloody mess" in her toilet. How was she to know that they had plumbing issues. I only asked her to come to me if there was such an issue in the future.

Also for calling my 16 year old JROTC son a "wuss" because he slept on the floor in the room I was using because her cat had urinated in the bed he was using. She confronted us on the 1st day of school saying, "I thought he would have been cleaning it up rather than sleeping on the floor".

Arrest night, she again called him names & said that he was "looking for sympathy". It was me that told him not to clean it! Would you? Ok, I understand that we're the guests and yes, gratitude is important, but cleaning up their cat's urine, I would not have my son do. His new blanket was ruined!

After we argued over this, she told me how ungrateful I was, even though I was cleaning her house daily and picking up her 4 puppies poo. I had also talked to her husband (illegal immigrant) and offered to surprise her by finishing her livingroom's painting.

She went on list all she'd done & then told me I should be "kissing her feet". I stupidly got down on my knees and acted as if I would kiss her feet, stood up and said, "I don't have much pride left, but if it's the last bit you want...you got it". I directed my daughter to pack her things, we're leaving.

The threats began. She followed me as I packed smiling in my face, telling me what a terrible mother I was to go to a house with no appliances rather than show gratitude or admit fault for God knows what?! I told her I didn't want to have to call the police to protect our property, but I would. She escalated her threats.

She began telling me that no one cared about me and that even my own family wouldn't help me. She put the phone out and said, "Call....Let's see who helps you". I finally calmed a bit & begged her to just leave my things as agreed. I told her that I didn't want to call the police, but I couldn't take the chance that everything we own would be ruined. I asked, "Would you really destroy everything my kids own?" "Would you do that to them? Because almost everything out there is their's?" She smiled and told me she would.

I had worked hard for every little thing out there. And let me say, it's not much! No living room furniture, no bed of my own and no appliances.

I was scared, and so I called the police.

The arrest....

I asked the police dispatcher to send someone over to ensure that my property not be thrown to the alley so that we could leave.

When Officer "A" arrived, my friend became eerily calm. Her husband left the room and I told my story. I don't lie. I have no reason to. I don't break the law. I began my story and ended it with the same statement. "Calm doesn't mean she's right, Calm doesn't mean honest". I felt like I needed to explain why I was so overwhelmed & emotional.

You must understand... I'm alone now. The 2 people (besides my children) that I love and trust the most are gone. Yes, there's family, but I'm not very close to them. I do have friends, but not like those 2 people were to me.

Anyway, I told what happened and asked that he just assure that my property was safe. It seemed so simple to me.

He asked me if there was a written agreement! Do friends of 30 years use written agreements to store 3 rooms of furniture in an unused garage? We didn't. I trusted her.

It was now her turn. If I attempted to say anything, he told me to shut up.

Put simply....she manipulated him & the situation. She went on about "this is my house". That's why we were leaving. Then, she told him that I "licked her feet". I began to protest this craziness and the officer told me to shut up again.

I then commented that none of this was even pertinent as we disagree, but I'm only that my property isn't thrown out! She began stating she never told me that she would toss our property in the alley. She said that she told me that she thought we should all just go to sleep and talk it out in the morning. All lies.

I threw my cigarettes to the ground and told my children to call their father. I had to yell to them because they were in the kitchen and bedroom, while I was still standing at the front door. I then said "I can't handle this "****" anymore" and began walking to calm myself.

The plan was that once the kid's dad arrived I would call him and beg him to help me remove my stuff. He would be irritated, but he'd help. If not him, the kid's uncle would.

I just knew at that point that I couldn't handle anything more and was dizzy & sick. I hadn't taken meds because I had planned to sleep, so I was pretty much a mess.

I've been through enough. I live with stage 3 liver disease and a very debilitating arthritic condition, work FT so that my children have a decent life and basically drop at the end of the day. The only reason I was awake still was because my daughter wanted to go to the first football game at our newly developed field and I didn't want to take that away from her. People had been talking about this event for weeks! My son couldn't drive her home because he was working with JROTC at the game, so I had no choice but to stay up and wait for her. Any other day I would have been asleep.

When walking, I didn't harm anyone. I didn't make a sound as I went approx. 3-4 houses away. I was sobbing, but quietly.

I just needed to regroup. I've been in counseling before and knew that taking a "time-out" was an option. I had been the person to call the police, so in walking away, I felt like I was just giving up on my property staying in her garage.

I stopped around the corner and decided to call the kid's dad to see if they had called him yet. Just as I began to catch my breath, the officer rounded the corner.

This recollection is about as close to quoted as I can come...

He yelled, "You need to come back or I'll have to arrest you". I asked, "For what?" He said, "Fleeing". I then asked, "Fleeing what? I'm the one who called you!"

I then told him, "I needed a time-out". He said, "We don't do that here". I asked, "Where do you think I'm from? I'm from here and I needed to calm down and make myself able to handle this. She was still telling you her story and if I stood there, I couldn't just stand quietly while she lied to you." As I was saying this we were approaching each other. When I got right up to him I said, "Ask any counselor what one should do if they feel overwhelmed by a situation and they will tell you to take a time out".

When we came together, he turned me and cuffed me. Nothing more said, no rights read. Next thing I know, there are police lights surrounding me as if I was armed and dangerous or something! It was humiliating.

After I was taken, the officer went back there and went to far as to ask my son "Does she act like this all the time?" He said "No"obviously.

My children later told me that when the officer left my friend smiled at them and said "Oh well" and then told them to go to bed.

Even once at the jail, no rights read, so I didn't even think I was actually being arrested. I just thought that they were situating the kids at the other house and allowing me to calm down before us going over there. I really didn't believe it! Who gets arrested for being emotionally distraught? I was sad....not disorderly.

The only time I yelled was to alert my kids to call their dad for help as I walked out. At the jail when finally finding out that I was arrested for disorderly conduct, I asked what I did that was disorderly and he stated to me that I threw my cigarettes "toward" him. I think any educated person would know that's just not true. I threw them down, but no where near him. Nothing was even said about it until he had to come up with a charge. I would never throw something at an officer! That's insane! And why would I target the person that I was hoping would help me? I had NOTHING against him whatsoever!

Ok, so get an attorney? Ya right! I just moved! Yes, I have a decent income, but this move was unexpected, as was having to come up with bail! I put all of my money into the move...paying movers, renting trucks, deposits and on top of all of that I put all the food I had and bought into her house, so the kids and I had nothing for a week!!

Had I been afforded the ability to take the few minutes I needed to calm down & then proceed with whatever needed to be done to protect my property, calls, etc it would have ended with no further issue. This was unnecessary.

On top of everything that happened that night, my children were left with the very person that was threatening me. The officer left my children there!

My son took a few of our belongings, told his sister to get into the car and said he was leaving to go to his uncle's house. It was after 1am now! The kids went back to our old house! They did call their dad and then their uncle. As they left they said my "friend" was speaking with my father on the phone!

My son brought me medicine and told the jail that his uncle was coming to get me in a little while and still no one ever questioned why this child was out by himself or where they were staying. By then it had to be past 2am!

I wasn't even planning to keep going. I needed 5-10 minutes to calm down. I had given up. I was under the belief at this point that there was nothing he could do to protect my property and that I would either have to move it or hope for the best and file in court on Monday. I DON'T break the law.

I have taken the time to read over the Indiana Code with regard to disorderly conduct. It doesn't apply! Is he attempting to say that I was disorderly because I spoke up when she lied a couple times? The cigarettes? I wasn't loud or obnoxious at all, unless crying is considered as such. It is my hope that someone will investigate this and see the truth. I am no criminal.

Emotional, hurt, sad, devastated? Yes. But criminal? I hope he can sleep at night, because I am certainly no criminal and he knows it. I've worked my whole adulthood to be a good person.

All I ask is for someone to look into this. I will not plead guilty to any crime. I didn't do anything wrong. I've done my homework & I know I'm right. Disorderly is more than questioning another person's statements & than throwing your cigs on the ground.

I read the story about the Harvard instructor...OMG his story is much more intense than mine! Charges dropped.

It was my son who talked my friend's husband into not removing our property. It was my son of only 16 years old who decided what was best for himself and his 14 year old sister. Not the officer. He failed miserably. Not only as an officer, but at humanity. I hope he's never betrayed, sad and alone. I hope no one hurts him the way that I've been hurt in the past few weeks. And I certainly hope that no one ever arrests him for being distraught. Oh yes...and he is supremely lucky that nothing happened to my children. This would be a very different post.

I apologize that I couldn't be a good little robot and stand there silently as this person lied and manipulated an officer while he stood there taking it all in. I called for help and I really believed that I would get that help. I am extraordinarily disillusioned. I loved this town.

My family needed help and instead we were placed further in debt and have no food or money and no one left to ask. All of my food is perishable and sitting in my old friend's refrigerator for her family....for her children. I'm left with nothing and the one person I was going to ask for help...well he had to post $250 bond to get me home with my children where I should have been 4 hours earlier. And on top of that, as a mother, I'm ashamed. I can't even believe this happened.

I didn't do anything wrong, I will not plead guilty. I don't care how simple or small this charge is. I had a clean record and I cannot have a criminal charge on my record. I admit when I'm wrong. I was wrong ONLY for being naive enough to believe the police would help us.

Now, rather than moving into our new place and finally finding the peace that we so fought for by my leaving my relationship....our house....our whole life, I have court on September 28th & a criminal charge to remind me forever of this terrible time.

My children should have been his #1 priority. Not only that, it was such a simple situation....ask her kindly to hold my things as agreed.
I cannot help but feel as if he wanted this to escalate.

I stand with my children on this one.... I will never seek police help again if someone doesn't see this for what it is....an error. Plain and simple. The officer made a mistake. Now the final question....Can he admit it?

Do I have any options? I've been told that almost everyone ends up forced to plead to something because "there is no attorney out there willing to fight for such a small charge".

Aren't we innocent until proven guilty? It seems as if I'm being told that I'm guilty unless I spend loads of money & find someone out of this area and thats if they will even bother with this. Seems to me almost as if the locals have figured this out & figure there's money for everyone in this type of arrest. I can't allow this to happen. I can't have a criminal record. I'm not a criminal....period.

You should get help from a lawyer, and see if you can get the charge dismissed. There are lawyers who will take any "size" of charge, and you may qualify for a court-appointed lawyer.

Quote:

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Quoting Mr. Knowitall

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You should get help from a lawyer, and see if you can get the charge dismissed. There are lawyers who will take any "size" of charge, and you may qualify for a court-appointed lawyer.

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I'm pretty certain I won't qualify for a court appointed lawyer first of all.

But as far as finances and finding an attorney is concerned, I'm broke right now. It's not even slightly possible. I just moved and my 2 teens just started back to school. Paying for groceries has been a struggle! :(

At probably almost any other time, yes I could probably afford an attorney, but what irks me entirely is that I SHOULDN'T need one! And I absolutely refuse to allow these people to think that I'm going to put money into the pockets of local attorneys.

It seems like a racket to me. Arrest as many as possible....the town makes money even if the person is found innocent. But come on! Tell me how many disorderly conduct cases are found innocent? Just how many people fight it to the point that they are actually given a chance to be found innocent or guilty?

The system uses fear. OHHH plead it down otherwise you could end up with the maximum sentence of this or that. It's gross.

After my arrest, I wonder just how many people are being arrested for bogus, trumped up charges???

I realize that you all don't know me, but I'm an honest person, and truly it doesn't matter if you believe me or not. I believe me. I know what happened and a cop saying I "threw my cigarettes toward me" is just gross. How do these people sleep at night?

But see, even that I don't care about. Everyone reaps what they've sown. I know what I've sown and it wasn't nearly necessitating arrest.

It got awfully quiet with my case here in this forum. Either too long and no one could sit through it or they are just speechless.

I've half a mind to meet with the prosecutor myself. If that doesn't work...the mayor. If that doesn't work....I could just scream my case to every rights attorney in the surrounding states until someone screams back.

I read the case with Harvard Professor Henry Gates. I read it thoroughly. He yelled and screamed things that I couldn't imagine saying. I simply cried and yelled to my kids to call their dad and then tried to walk it off to calm myself down. How is this deserving of arrest!?

I need someone to tell me!

And I wasn't kicked out! When trying to leave, my best friend of 30 years threatened to throw all of my property into her alley by morning. She didn't want me to leave!

I was the one who called the police! I called for help and YES I WAS UPSET. Wouldn't you be upset? I was to watch the few things I've worked for thrown to the alley because she felt the need to be a control freak.

I wish I could just leave this place. The only thing that keeps me in this racist, nasty little town is my children's want to graduate here. Their need to call this place their hometown. I feel like a leper now. All these years trying to just live quietly and mind my own business.

I don't even go out! And yet get upset and cry & bam this small person sees it as his BIG chance to get an arrest. I just wonder how long ago they were told that jobs were on the line due to financial issues. I really wonder if I wasn't his big (unspoken) quota.

It's just gross. Where is justice? There are plenty of crimes happening around here, trust me. But me, well I had to be the Sunday morning news because I got upset and cried. I guess I'm just not a good little robot.

I don't even know why I wasted my time posting here. People are so deluded and swallowed up by the corruption that they can't even see corruption any more.

I won't stand there and say I was guilty for feeling something. Crying isn't disorderly. No matter how hard, no matter what. Walking at night quietly isn't disorderly. Trying to leave a friends house without having my property end up in the alley isn't disorderly. Throwing my cigarettes to the ground isn't disorderly. So tell me what did I do that was disorderly?

I will stand there and defend myself and even to the point of jury trial if necessary. Surely there are enough people left in this world with a soul to find me innocent of this trumped up crap.

I hope it saves his job. I hope for the sake of his soul that cop really needed that arrest. I hope it was worth it, because by the time I'm done telling my story, he will look like nothing more than a heartless, cold blob of what used to be a human being. The truth hurts.... I didn't need to be disorderly and I don't need to do more than tell the truth.

Maybe I should forward my story to Barack Obama. Along with the fact that the very cop that arrested me happens to be good buddies with the people I've been fighting here in town because my daughter (Asian) has been subjected to very strong racism along with 2 black girls. Ya know...small town racism...all the white girls, or white enough girls make cheerleader and the only Asian and African Americans to try out don't make it. I know it sounds paranoid, but I just wonder if that's why I was dumped on so easily.

I'm sorry for the tyrade, but I'm so sick and tired of corruption. Everywhere I look, money wins whether guilty or not. It's who you know and how much money you have.... The truth doesn't even matter anymore and emotion....that's not allowed.

Why are you asking for advice when you won't take the advice given? Some attorney's will handle your case on a pay per month basis if you have a good job. I suggest you find one as did Mr. Knowitall.

President Obama has more important things to concern himself with than your long and rambling story.

If you're too broke to hire private counsel, you likely WILL qualify for a court appointed attorney, and it's singularly stupid to dismiss the idea out of hand AND shoot down suggestions FROM AN ATTORNEY.

Holy cats. Ask for a PD. The worst that can happen is that they say no.