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  1. #1

    Default What to Do if a Police Officer is Trying to Get You Arrested

    My question involves criminal law for the state of: MI

    I have a detective who lost a major case against me about 5 years ago. From what Iíve heard, she thinks itís because I refused to interview with her to get the incriminating evidence from me she needed for a conviction. Instead they dropped the major charges almost immediately and I received a 3 year deferred adjudication probation sentence for possession of drugs.

    However, ever since that case was concluded, she has been trying nonstop to violate my probation. This has included telling the courts blatant lies about things I am doing that break the terms of my probation, with no evidence to back it up. She also once told the court a complete lie about evidence they found in a search warrant, which was used in order to violate my probation. And she also makes up lies about things my friends allegedly said about my mental health and even things she said that I thought I Ďsawí which was indicative of being paranoid and delusional. None of these things actually happened.

    Itís caused me a lot of stress, itís hurt my reputation, and it feels like itís been police harassment. Is there anything I can do to address these lies for what they are? Is she allowed to blatantly lie like that to the courts/probation?

  2. #2
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    Default Re: Detective Wonít Stop Telling Lies to Get Me in Trouble

    The detective didn't lose. The detective doesn't win or lose, they gather evidence and present it to the DA. The DA won, you were convicted and are now on probation. I'd presume that happened by way of a pleas deal.

    Everyone, who's on probation, claims that they're being set up. But really, why bother? Why expend all of that energy? If I was the cop why would I get all hot and bothered about one insignificant case? IF the interview in question was so important I'm sure that said interview could've been compelled by means of a warrant (we like to call that interrogation). That this wasn't pursued indicates that it really wasn't necessary.

    So, in the end, you lost. You were convicted. Three years is a long, long time...
    "Where do those stairs go?"
    "They go up!"

  3. #3

    Default Re: Detective Wonít Stop Telling Lies to Get Me in Trouble

    Thanks for your response. There are a ton of relevant details to the situation I have omitted for the sake of conciseness. This wasnít a small case, nor was this a normal detective. There is a well known feud between the two of us, that even the prosecutors and court systems are aware of. Itís a very personal situation.

    On the other hand, I wasnít aware that a person could be compelled to participate in interrogation via warrant. I thought the option to speak to police was always protected via 5th amendment regardless of circumstances. I chose not to knowing how manipulative this cop was, and fear that anything I stated to my defense would be twisted and used as evidence against me. Iíve had it happen before.

  4. #4
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    Default Re: Detective Wonít Stop Telling Lies to Get Me in Trouble

    Quote Quoting Detroitcrockett
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    Thanks for your response. There are a ton of relevant details to the situation I have omitted for the sake of conciseness. This wasn’t a small case, nor was this a normal detective. There is a well known feud between the two of us, that even the prosecutors and court systems are aware of. It’s a very personal situation.

    On the other hand, I wasn’t aware that a person could be compelled to participate in interrogation via warrant. I thought the option to speak to police was always protected via 5th amendment regardless of circumstances.
    There is no such thing as a warrant for questioning, a so called "Pocket Warrant". If testimony is needed a subpoena can be issued. If the person wishes to assert the 5th, so be it.

    There is also no such thing as, "arresting /taking into custody, for questioning" absent Probable cause.

  5. #5
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    Default Re: Detective Wonít Stop Telling Lies to Get Me in Trouble

    Quote Quoting RJR
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    There is no such thing as a warrant for questioning, a so called "Pocket Warrant". If testimony is needed a subpoena can be issued. If the person wishes to assert the 5th, so be it.

    There is also no such thing as, "arresting /taking into custody, for questioning" absent Probable cause.
    True, but you can be arrested (warrant) and interrogated. Given that there was enough evidence to charge AND convict the OP - guilty plea or not. I'd guess there was enough probable cause since the prosecutor chose to pursue it. You may assert your right to remain silent. I admit, I was a bit unclear, 0416 is a time where clarity can be hard o grasp.

    The above said, IF you have a funning feud with the detective, well, something started it. It's existence is not, on its face, a legal issue.

    At the end of the day you were convicted. It doesn't matter how big the case was, though I doubt it was that big it it could be pled down to a misdemeanor and that with a 3 year deferment....and that's good for you. So, refer to my post (#2)
    "Where do those stairs go?"
    "They go up!"

  6. #6

    Default Re: Detective Wonít Stop Telling Lies to Get Me in Trouble

    I gotcha. You are right, wasnít convicted but did plea guilty. The felony possession offenses were dismissed completely and expunged upon completion of probation. The bigger and more emotional issue for me was getting kicked out of a really good professional school program and the loss of a life long dream because of it.

    The pursuance of the detective stemmed from alleged emotional abuse of a mentally ill police daughter... hence why I said it was personal. The whole thing was extremely unfair, but they felt they needed blood, and were willing to hang me on anything they could... which involved a search warrant into my backpack in my home to retrieve the illegal study aid stimulants I was using for my studies at school... and fry me on that.

    Learned a lot about life and how things work after that. The detective and a colluding detective eventually got theirs for maleficience in another case and were fired thee years later. I just wanted to know if their lying to the courts was actually acceptable.

  7. #7
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    Default Re: Detective Wonít Stop Telling Lies to Get Me in Trouble

    Pleading guilty = convicted.

    A search warrant must be based upon probable cause. That means that the police knew you had the drugs on you, a judge agreed that it was likely and a search warrant was issued. Drugs were found. See above.

    Life isn't fair. Nowhere is it written, except by children, that life is fair. If you have criminal charges you can be removed from school programs and jobs. If this job was your lifelong dream obtaining it by breaking the law was not the best way to go about it.

    There doesn't appear to be any lying from what your describing. A grudge? perhaps.

    Haven't we seen you before but under a different user name? Broke up with GF, had Adderall, got caught, pleaded out, kicked out of Pharmacy program? This is just too similar.
    "Where do those stairs go?"
    "They go up!"

  8. #8
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    Default Re: Detective Wonít Stop Telling Lies to Get Me in Trouble

    Quote Quoting Detroitcrockett
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    I gotcha. You are right, wasnít convicted but did plea guilty. The felony possession offenses were dismissed completely and expunged upon completion of probation. The bigger and more emotional issue for me was getting kicked out of a really good professional school program and the loss of a life long dream because of it.

    The pursuance of the detective stemmed from alleged emotional abuse of a mentally ill police daughter... hence why I said it was personal. The whole thing was extremely unfair, but they felt they needed blood, and were willing to hang me on anything they could... which involved a search warrant into my backpack in my home to retrieve the illegal study aid stimulants I was using for my studies at school... and fry me on that.

    Learned a lot about life and how things work after that. The detective and a colluding detective eventually got theirs for maleficience in another case and were fired thee years later. I just wanted to know if their lying to the courts was actually acceptable.
    Lying to a judge/prosecutor? Questionable.
    Lying in court under oath? =Perjury.
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

  9. #9
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    Default Re: What to Do if a Police Officer is Trying to Get You Arrested

    Quote Quoting Qygasyfagi
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    Do not testify against yourself
    Please in the future don't resurrect month old posts especially if you have nothing to add.

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