arrested, what now?

[sasnaK]

911 Main I find humorous...!

[NoHalo4Me]

Originally Posted by 1hungkcmale4u

In KCMO, they will issue you a ticket, not arrest you, but I have heard that they like to get you to incriminate yourself further and if you refuse, they will intimidate you by threatening to call the wagon and send you to jail. This is a violation of your constitutional rights, as you have the right to REMAIN SILENT.

I must have missed that one in civics class. I never knew remaining silent would constitutionally prevent the police from calling the paddy wagon and sending you to jail.

I gotta try that next time!

[LoveWomen]

I have used Marquardt before,
Competent, efficient and full price retail.
He got me about the same deal I could have gotten by myself
but charged $1,000.

Kevin Regan is a friend of mine and works with full price retail clients.
(especially Pro Athletes)

A very competent, energetic and empathetic attorney in Midtown is:

David Fischer
816-914-8060 cell
You may find that Fischer's hourly rate,
and moderate retainer may be more economical.

The old saying is you don't want to hire a brain surgeon based on cost,
But this kind of work is NOT brain surgery...

I know a couple other reasonable cost attorneys.
PM if you would like names and numbers...

[1hungkcmale4u]

Ha! I would suggest that you remember to neither offer money for activities, nor agree to pay money for activities and there won't be a "next time". Remaining silent won't keep you from getting arrested, but the police will tell you that that WILL arrest you if you refuse to talk. In KCMO, they have to keep the sting moving, so they issue tickets, rather than arrest, so as to keep the flow of guys coming in and out. They will tell you that, as long as you cooperate, you will get a ticket and can be on your way. If you exercise your right to remain silent, they will threaten to arrest you. This is the unconstitutional part. And I didn't learn that in high school civics ;-)

[Tabie]

Originally Posted by dirty dog

Get a lawyer, the jails are full of guys who thought they knew what to do, its not what you know about the law that makes you a great lawyer, its your connections, who you went to school with, what country club the lawyer belongs to and who the other members are etc. Most of the time, current criminal defense lawyers were at one time prosecuting attorneys and know people in the prosecutors office. A great attorny has the connections and the skills, Kurt Maquart is very good, if thats does not work I recommend Kevin Reagan of the Reagan law offices. Kev has been my personal savior throughout the years in municiple, state and several Federal charges.

That is how the system works in every county. Do your research to find the best well known and liked. you can google the top attorney in your area. Best wishes...The best ones are not cheap.....expect to pay a high dollar amount for the best....

xo

[KCJoe]

Clue us in on what mistakes you made that led to your arrest.

[hearingguy]

+1 on what joe said.......let us know the setup etc.

Originally Posted by KCJoe

Clue us in on what mistakes you made that led to your arrest.

[The DarkSide]

Originally Posted by KCJoe

Clue us in on what mistakes you made that led to your arrest.

KC do you think that would be wise of him admitting to any kind of mistake or admitting in any activities here! Are you nuts! He asked for advise not here to profess his guilt!

[KCJoe]

Originally Posted by The DarkSide

KC do you think that would be wise of him admitting to any kind of mistake or admitting in any activities here! Are you nuts! He asked for advise not here to profess his guilt!

We’re all anonymous here, right?

[BigDeal]

Originally Posted by KCJoe

We’re all anonymous here, right?

yep lets take it to the lounge thats secure!!~

[dirty dog]

Originally Posted by LoveWomen

I have used Marquardt before,
Competent, efficient and full price retail.
He got me about the same deal I could have gotten by myself
but charged $1,000.

Kevin Regan is a friend of mine and works with full price retail clients.
(especially Pro Athletes)

A very competent, energetic and empathetic attorney in Midtown is:

David Fischer
816-914-8060 cell
You may find that Fischer's hourly rate,
and moderate retainer may be more economical.

The old saying is you don't want to hire a brain surgeon based on cost,
But this kind of work is NOT brain surgery...

I know a couple other reasonable cost attorneys.
PM if you would like names and numbers...

Kevin is pricey, but I can tell you because of him I walked on a Federal indictment with a no file by the US attorneys office. Kevin does employ younger partners whom handle this type of work but have access to Kev's connections. I have heard good things of Fischer and your right there are attorneys who can handle this whom may be cheaper. I can only recommend from personal experience though. Damn, I am a full price retail client, damn I am somebody

[bartipero]

Originally Posted by 1hungkcmale4u

... If you exercise your right to remain silent, they will threaten to arrest you. This is the unconstitutional part. And I didn't learn that in high school civics ;-)

I'm sure you didn't learn that in civics because threatening to arrest you if you don't talk isn't illegal or unconstitutional. In fact, law enforcement can flat lie to you, make false promises and even participate in the criminal activity, depending upon how that is done. In fact, if you haven't been arrested, the ability to curtail government inquiry is limited by your own tongue. I assume that was your point based upon the rest of the post.

Whether you are under arrest or not thus triggering the issue of custodial interrogation and when that attaches is another matter. It is a subtopic of this, and an arrest requires no official pronouncement and generally only requires an effective limitation on your ability to leave by law enforcement, but as I said that is all a different related issue.

Only during a "custodial" interrogation do enforceable restrictions come into play in the form of the need to then give Miranda warnings as to your right against self incrimination. At this point your ability to curtail further inquiry is by invoking your right to remain silent. That doesn't mean law enforcement has to stop talking, too. If you then respond after you've been warned, you don't have to be re-Mirandized as you have waived the right already by responding. The 5th Amendment only provides that you shall not be compelled to be a witness against yourself, and it provides effective protection only in criminal proceedings. There are exceptions, constructions, circumstances and nuances to all of this too numerous to go into here, but this is the general rule.

[Guest121212]

Originally Posted by bartipero

[...] If you then respond after you've been warned, you don't have to be re-Mirandized as you have waived the right already by responding. [...]

There is a somewhat heated legal debate raging (and a few threads on ECCIE address the issue) about a recent (last year) SCOTUS ruling that basically states that if you make ANY utterance after invoking your right to remain silent, you need to (MUST) re-assert the right, stipulating it formally, verbally.

Some people disagree and say that casual utterances such as, "May I use the restroom", are exempt, and that you do not need to reassert your right to silence if you make an utterance. However, the issue has yet to be litigated (tested) and many LE Agencies may view ANY utterance you may make as a waiver of your previously invoked right to silence and begin furiously questioning you again, and in doing so they will lead you to assume that since you previously invoked your right to silence that anything you might say further (after) is inadmissible (they may even give you that impression, purposefully). The opposite is the truth of the matter . . .

Invoke your right to silence. Don't make the mistake of not using that right which you have invoked. If you're one of those people that can't just shut up, restate your assertion of the right if you find that you MUST say something. In most cases, you'll get the last word in even when you're silent.

+1 Bart.

Kisses,

- Jackie

[Guest102513-1]

As a casual observer of the Jo Criminal Courts...a very similiar issue Jackie brought up, I saw in criminal
court exactly one week ago today.

It resulted in a rather heated, but interesting debate between two attornies before a criminal judge, regarding
a murder case.

Fornuately, I was merely an independent court observer, but was fasicnating to watch

[lawyerinjeans]

You can PM me. I'll let you know your options.