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Old 06-04-2011, 09:21 AM
devappy devappy is offline
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Join Date: Jun 2011
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Default scary situation and don't know what to do.

I got pulled over 3 weeks ago. They pulled me out of the car, and found an open bottle of alcohol with my roomate. They had me take a sobriety test. I passed the test, and they gave me tickets- well 2. It was the reckless driving, and open container.
After that they gave me my keys back, and told me to walk home or call a cab. We proceeded to walk home, and tried to figure out a way to get a ride without paying for a cab. None of our friends were picking up, so I said we should just walk it off.

My friend had to pee, and so we stopped at a tree. The conversation came up that everyone locks there car here in st pete. I usually don't in my neighborhood. I pulled a car handle on a car, and the door opened. I immediately, shut the car door. Right when I did a guy came out, and yelled at us to get away from the car. I said sorry your door is unlocked, and left, he then said no problem. Well around 10 minutes later the cops stopped us and said we were going into houses and cars, and stealing from them. A random guy even said we tried to steal his bike. We got arrested and spent 2 days in jail. A week later I got another ticket in the mail by my arresting officer for crash- leaving scene. The thing is I was in jail when that ticket says I left the scene of a crash. SO it is bogus!

I have court monday, and I would like to ask the judge for community service, and take classes, but I don't know how to tell him about the other ticket. I am being charged for a felony for conveyance unoccupied. That is a different case, and I don't want to bring that up in court to the judge. I don't want to say the last ticket is bogus cause I was in jail. What will he think?

So what should I do? I can't afford a lawyer. I have no priors- nothing. A clean record, and driving record.

I don't know why I pulled the handle. It was stupid, and I have been drinking a lot. I haven't drink since this incident. I am a college student, and I work. Its not like I cause trouble all the time. I never been in this situation before.

The burglary charge, and the traffic tickets are different cases. Now people have been telling me to plead not guilty too all the traffic tickets, but I am guilty of having an open container in my car, and reckless driving. I am not guilty of leaving the scene though. What should i do ?
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  #2  
Old 06-04-2011, 12:31 PM
aardvarc aardvarc is offline
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Posts: 1,890
Default

You're correct: The burglary charge, the leaving the scene ticket, and the traffic tickets are different cases.

Quote:
I don't want to say the last ticket is bogus cause I was in jail. What will he think?
Why NOT say it? It's not only the truth (a good thing to have on your side in court), but it's a GREAT defense. Being in jail at the time the officer said the incident occurred is one of the most bullet proof defenses available. The job of the judge isn't to like you, the job of the judge is to determine if the state is able to prove it's case against you. If you can prove that you were incarcerated at the time police say the accident in question occurred, then the prosecutor really has nowhere to go with it. Remember, being arrested is NOT the same as being GUILTY - and the judge will be well aware that the legal system considers you to be innocent of the other charges until PROVEN guilty in that case.

The most serious charge here is the burglary. In Florida, burglary to an unoccupied conveyance is a third degree felony. If you are convicted on that charge, you are looking at a felony criminal record, and certain loss of financial aid for school. Depending on what field you plan to enter after school, it could have drastic consequences for your future if there is a conviction. You REALLY need to speak with a criminal defense attorney regarding the burglary issue. Many will give at least an initial consultation for free - and, they should be able to tell you how to request a public defender to protect your interests in the criminal proceedings against you if you're unable to hire a private attorney.
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While pointers can be helpful, ultimately the number one lesson in any legal action is: don't take legal advice from books, family, friends, co-workers, police officers, grocery clerks, web sites, or people on legal message boards. The only person who can give YOU legal advice is YOUR attorney.

http://www.aardvarc.org
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  #3  
Old 06-06-2011, 06:48 PM
moderator moderator is offline
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Have you browsed through the information in LawInfo's Free Legal Resource Center to learn more about your issue yet? See: http://www.lawinfo.com/consumer.html and http://resources.lawinfo.com/en/index.html. You can certainly try to speak to a lawyer to determine what legal options may be available. In the meantime, you may be able to learn more on your own. Search the "Free Legal Resources" tab, or browse the Consumer Resources. Good luck.
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