Re: Obstruct Justice and Disorderly Conduct from a Traffic Citation
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Also, how soon should I get a laywer to gather the video evidences??
as soon as possible. Waiting only allows evidence or memories to be lost or forgotten.
the officers have the right to investigate the crime and if they questioned your family as part of that, then that is what they did. They do not have to give any notification of what they are doing and why so as to be able to use the statements.
As to preparing a rebuttal to your families' statements; that all depends on what was told to the officers. That is all something an attorney can get once the ball starts rolling on this.
Re: Obstruct Justice and Disorderly Conduct from a Traffic Citation
I am learning so much from your advices, thank you!
I will try to get my my lawyer to gather the video from the station asap.
Also, what needs to be done such that the ensure the integrity of the police video (the cruiser had on) when my lawyer get a copy?
If my family told me that they answered "I don't know" to many questions, can we justify their answer with the correct truth due to the emotional state of them?
They saw exactly what I experienced and saw, and thus, I have an absolute trust of their story (even if I eliminate the family tie factor).
Also, finally, how serious are the offence? It looks like they are a class 1 misdemeanor from the warrant. What would be an effect on, say, the current employment status (say for state of VA)?
Thank you much for your input in this late night.
Dad
Re: Obstruct Justice and Disorderly Conduct from a Traffic Citation
If what you say is true I don't think you have too much to worry about. A good lawyer should be able to get the charges dimissed. Sounds like a dick of a police officer. I guess that's their job.
To score a disordely conduct in my state you need to do something intentionally. Obstruction of justice?? can they prove that you were doing what you were doing beyond a reasonable doubt??
Finally was there a criminal intent in what you were doing???? doesn't sound like it. There's a chance prosecutor might hassle you but it sounds like it should be dropped.
Re: Obstruct Justice and Disorderly Conduct from a Traffic Citation
Dear Jarno,
Even if what you stated doesn't come true, your compassionate input I really take a heart to. Thank you!
As I reply the incident many many times over, I can't even fall sleep because of it, I never had any intention to carry out those crimes. I was only trying my best to help the officer to see and understand my situation, and hoping for a bit of compassion as I had my family with me. I am not trying to judge the officer but his was a young man (I am about twice his age) who was very terse and with no smile at all. I should of picked up a hint that he is not an accomodating person.
In the long run, I can learn to deal with the incident no matter what and go forward. However, the pain I feel as I saw my son, daughter, and wife crying and shivering, I truly feel bad about it. I hope that they forgive me for my careless, thoughtless actions.
I just hope that the judge can see that my intention was sincere without any intent or expectation for such an event.
Thank you again, and btw, what could I do till the court date, to may be change his heart toward a bit more compassion and understanding, to drop the charges?
Regards,
dad
In
One more question, if I may:
I just talked with the store clerk, and he said even if there is a video of the location where the incident took place it may not be very decernible. He said due to the quality of the video system, the darkness, and the distance from the video to the incident location, he is not sure if the vidoe can be of any help.
In this case, how critical is the clark as my witness? Because of the flashing from the cruiser and excitement factor, he tols me he paid much attention to observing the whole event. Should I just rely on him or should I do my best to get a copy of the video even if it may not of high quality?
Also, how much can my family's testimony help the case? My son, although only 7 years, is an intelligent boy and he, unfortunately, saw and remebers many details. However, he has suffered enough already, and I will not bring him to the court no matter what.
dad
Re: Obstruct Justice and Disorderly Conduct from a Traffic Citation
It sucks because disorderly conduct is kinda of vague, a lot of times a police officer can just arrest you for that,the 2nd charge imo is really pushing it,neither charges seem reasonable. I would explain to the lawyer how important it is to get the charges dismissed and not just reduced. The obstruct justice is a more serious one. Police are cautious and get upset if you don't stay in the car,normally it is a safety issue. I would press for a straight out dismal and not some type of diversion deal especially for the more serious charge. Hopefully your lawyer can convince the da and judge that this was a simple misunderstanding. Speak to the lawyer asap,let him explain his plan of attack and get his input. Then ask questions about the video,etc.
Me and some friends were hanging out in my complex and someone called the cops because it looked suspect I guess. There was four of us in a car. I saw the cop car and said to myself let me just explain to the cop that I live here and these are my guest. I go to leave,the cops screams get the f_ck back in the car,I just went back inside. Once he checked us out and heard our stories he was pretty reasonable. I understand the safety issue at hand,I am in my own complex. I think if just got out of car and decide to walk home the cops shouldn't be screaming at me but he didn't arrest me or anything.
What gets me angry in these cases,I can understand the cop yelling b.c it's a safety issue. Once he realized the situation,then he should just uncuff you,then gave you a traffic ticket. Even if you get the charges dismissed,you had to deal with getting arrested and paying money for a lawyer for 2 bs charges. Sometimes people can't afford a decent private lawyer and get stuck with a legal aide and are forced to take some plea bargain. Then your also wasting your time going to court,the arrest record is there,etc. If everything works out and both charges are dismissed,I would inquire about getting the arrest expunged. Good luck.