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A Question of Legality Post your legal questions here (general, nothing of a personal nature)

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Old 01-27-2012, 08:20 AM   #1
mason1969
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Default Can you get arrested for a Class C citation

I have read on previous posts and it seems many people are under the impression that one can not be arrested for a Class C Mismd. Now.... I am going to share with you something... don't freak out on me... I am a FORMER LEO. (I have met several of the ladies on here and have been a hobbyist for more than 5 years now...)

So let me share with you a little truth about this myth..

One CAN be arrested for a class C. I did it often. It is called INSTANDER. Every LEO has the option to arrest someone with a Class C. MOST times, they just issue a citation. But, if the officer feels arrest is warrented, they have the option to arrest the person and take them to jail. The subject then has to post a bond in the amount of the max fine for that offense.
We used it mostly when dealing with illegals. We arrested them, forced them to pay the bond (ticket) and then released them. They of course never showed up for court, and their bond satisfied the citation.

A class C means only that no JAIL punishment is attached to the crime. It is only a FINE. But the LEO can arrest to get the fine amount up front and then release. This is a very common misunderstanding. So even if you get stopped for speeding, it is prudent to be poliet and respectful. The officer doesn't HAVE to let you sign the promise to appear on the citation. (That is why they ask you to sign the ticket. It isn't a plea of guilt, it is the officer releasing you from custody on your honorable word that you will appear to settle this issue within 10 days of the offense. DONT EVER refuse to sign a citation!!! It is an immediate GO TO JAIL if you do. Because you are then telling that LEO that you do not promise to appear, and can not be trusted to appear to settle the citation issue.)

Stay safe out there. Ladies, treat the guys right, and men be respectful; and everyone can enjoy their day. For me... I only see well reviewed ladies that I have watched for a long time so as to avoid any unpleasantness.
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Old 01-27-2012, 08:29 AM   #2
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Thanks for sharing the info, Always good to know...................
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Old 01-31-2012, 04:00 PM   #3
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You can be arrested for not wearing a seat belt. Atwater v. Lago Vista
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Old 02-01-2012, 11:23 AM   #4
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Mason, assuming ur in TX by ur avatar, a citation is required when speeding or an open container violation as long ad u sign the promise to appear. I agree all other violations could be subject to arrest
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Old 02-11-2012, 11:45 PM   #5
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Just to clarify, isn't it technically an arrest if you are not free to leave?
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Old 02-12-2012, 01:28 AM   #6
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Quote:
Originally Posted by TurboFan View Post
Just to clarify, isn't it technically an arrest if you are not free to leave?
Not necessarily, you could be detained. There is a legal difference between being detained (a cursory detainment), a formal detention (used in some jurisdictions), and an actual arrest.
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Old 02-12-2012, 09:11 AM   #7
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Quote:
Originally Posted by Jackie Devlin View Post
Not necessarily, you could be detained. There is a legal difference between being detained (a cursory detainment), a formal detention (used in some jurisdictions), and an actual arrest.
Mmmm...all good to know. I just chimed in to say I LOVE Jackie's new avi! NIiiiccceeee!
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Old 02-12-2012, 03:59 PM   #8
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Quote:
Originally Posted by jwhutch9 View Post
Mason, assuming ur in TX by ur avatar, a citation is required when speeding or an open container violation as long ad u sign the promise to appear. I agree all other violations could be subject to arrest
Yep. I just had a cop with 12 years experience tell me that he can arrest someone for failure to signal a lane change!
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Old 02-12-2012, 04:38 PM   #9
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In Texas they have a saying "you might be the RAP, but WON'T beat the RIDE" they can take you downtown because you are acting weird, get to you the police station, then let you our there and tell you to chill out and now its up to you to get back home.

Sometimes that is what they do with small squabbles.. they take one downtown, drop em off and let them think about things while they get a way home.

difference in arrest and detained is this

They "detain" you while they search your car because they have your permission or probable cause.. usually they will put you in the back seat for their safety... they find nothing you are free to go. If they find something, they have you in the back of the car and all they do is pull you out and cuff you..
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Old 02-12-2012, 07:52 PM   #10
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Quote:
Originally Posted by mason1969 View Post
I have read on previous posts and it seems many people are under the impression that one can not be arrested for a Class C Mismd. Now.... I am going to share with you something... don't freak out on me... I am a FORMER LEO. (I have met several of the ladies on here and have been a hobbyist for more than 5 years now...)

So let me share with you a little truth about this myth..

One CAN be arrested for a class C. I did it often. It is called INSTANDER. Every LEO has the option to arrest someone with a Class C. MOST times, they just issue a citation. But, if the officer feels arrest is warrented, they have the option to arrest the person and take them to jail. The subject then has to post a bond in the amount of the max fine for that offense.
We used it mostly when dealing with illegals. We arrested them, forced them to pay the bond (ticket) and then released them. They of course never showed up for court, and their bond satisfied the citation.

A class C means only that no JAIL punishment is attached to the crime. It is only a FINE. But the LEO can arrest to get the fine amount up front and then release. This is a very common misunderstanding. So even if you get stopped for speeding, it is prudent to be poliet and respectful. The officer doesn't HAVE to let you sign the promise to appear on the citation. (That is why they ask you to sign the ticket. It isn't a plea of guilt, it is the officer releasing you from custody on your honorable word that you will appear to settle this issue within 10 days of the offense. DONT EVER refuse to sign a citation!!! It is an immediate GO TO JAIL if you do. Because you are then telling that LEO that you do not promise to appear, and can not be trusted to appear to settle the citation issue.)

Stay safe out there. Ladies, treat the guys right, and men be respectful; and everyone can enjoy their day. For me... I only see well reviewed ladies that I have watched for a long time so as to avoid any unpleasantness.
Contrary to popular believe all citations whether it be Traffic or Criminal are a form of arrest. Issueing paper instead of a ride downtown and being booked is really a ciurtesy for non felony arrests.
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Old 02-15-2012, 02:32 PM   #11
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YES and there are several other facts people need to be aware of;

1. You can be JAILED for those simple traffic tickets. Cities want you to pay the fine. How else do you think they maintain their million dollar budgets.

2. Municipal Jails are not Regulated, Overseen or required to meet any kind of standards. County Jails are regulated by the State of Texas Jail Standards Commision. The Texas Prison system has been overseen by Federal Court monitors for many years and such. But Local city Jails can get away with MURDER (Literally if they want to) No Medical Need Requirements, No minimum Nutrional Requirements. etc.


The best way to think of Municipal Jails is either 1.) A holding cell for Real Criminals as they make their way rather quickly to County Jail or State Prison. 2.) Debtors Prison from Hell to extract $$$ from common citizens that cant afford the ridicoulous Fines and Fees that these Municipal Kangroo courts impose to help say "No New Taxes" Most common people would be shocked at some of the BS Conditions that they subject people to.
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Old 02-16-2012, 12:05 AM   #12
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Thanks for the information!

Ann
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Old 02-17-2012, 02:43 PM   #13
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In my expereince, the police can arrest you and then just make up a reason.... resisting arrest. The police can search your car even without permission or probable cause... what happens if they find nothing, absolutely nothing, they let you go. All police have to do is tell Judge they saw in "plain sight" there is the probable cause. Who has their illegal contraband in plain sight when being pulled over? No one but Who is the judge gonna beleive the cop or the defendant? The police are in chargwe, remember that, you have no rights at the point of arrest... absolutely none, remember that too... and you will be fine. The police can detain, search, prode, question, whatever... and once they get or find what they want just circumvent the sotry to the legal technicality, simple. That my friends is the reality, in my experience.
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Old 02-17-2012, 09:23 PM   #14
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Default Discretion..

Quote:
Originally Posted by Outdoorsman View Post
The police are in chargwe, remember that, you have no rights at the point of arrest... absolutely none, remember that too... and you will be fine. The police can detain, search, prode, question, whatever... and once they get or find what they want just circumvent the sotry to the legal technicality, simple. That my friends is the reality, in my experience.

The right to STFU goes a long way during an arrest, make sure you use it wisely. The less you feed them the better it is for you.


Discretion allows LE a huge leeway when it comes to making an arrest. You also have to remember it's how they sell it to the DA when they call it in. Since you don't have a say so when they make the call, they can easily substitute words or sway it to their favor.

In the end regardless if your released with a charge or not it's still a pain in the ass, the arrest record still exist and will cost you money to remove.
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