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I have a case here that might contain false statements and given my unique situation i was wondering if that could affect plea bargining and or the pre trail meeting with the prosecutor, myself and my public defender. Any help is greatly appreciated. |
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if the police report contains false information the case can be totally thrown out, in some instances. |
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...of course, you gotta prove that it's false.. and that's the rub. |
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Would character witnesses count? Or what if one of those testifying claimed/admitted that he gave false information. |
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i have no idea, man.. but, if it's one of your friends claiming that he gave false information i'd say it's not going to carry a whole lot of weight. |
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he busted me out to the cops in the first place. i am willing to overlook that unfortunate decision if this could be reversed. |
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dang, what a shitty situation this is.. |
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It probably won't make any difference. What is you case about? |
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Depending on your state, it usually doesn't matter. The guy who ratted on you gave the police just cause to search, and when they did they found something. Altho in certain parts of your country, there are precidents that you can use to appeal the search if it was conducted under false pretence, rendering any evidence found during that search invalid in court. You could also take action with a slander suite towards the guy that ratted you out. |
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First off i cant afford a lawyer. I might qualify for a public defender but i couldnt do that today. Gotta go back sometime next week me thinks.... Anyways i am going to provide some information and then i will follow it with some questions because i want to quench my curiosity before i talk to my public defender (sometime next week) The Above-Named Complaining witness being duly sworn says That the above-named Defendant (me) in Dane County, Wisconsin did, on or about August 20, 2005 at the city of Madison, engage in violent, boisterous, or otherwise Disorderly conduct under circumstances in which such donduct tended to cause or provoke a disturbance; contrary to Section 947.01 of the Wisconsin Statutes, A class B misdemeanor; and upon conviction may be fined not more than One Thousand Dollars, imprisioned not more than ninety days, or both. The police report: Officer Potter reports that on Aug. 20, 2005 at approximately 11:41pm he was dispatched to xxxx Chandler Street, in the city of Madison, Dane county, Wisconsin. He reports that there he made contact with a woman who identified herself by means of a Wisconsin photo driver's license as Shilo Weaver. Ms Weaver stated she lived in Apartment #2 at that address and had been at her residence a short time prior to police being dispatched. She stated that she had been hosting a small (LOL) party there. She stated that one of the people at the party had become unruly and had been asked to leave the party. She stated he refused to do sofor a while and then finally left. |
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best thing to do now is move to old mexico and become a llama rancher. that's what i'd do. |
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continued..... Officer Potter reports that he further made contact with a person who identified himself by means of blahblahblah as "big mike". Big Mike stated that the person who had been asked to leave the party was a friend of his who he knew from prior contacts as Brian Pandapusher. He reported that Mr pandapusher had become disruptive because of the choice of music at a party. He agreed that Mr. Pandapusher had refused to leave the party when asked to. He reported he headed downstairs a short time after Mr Pandapusher and noted that the front leaded glass window had just broken out. Officer Potter reports that he then spoketo a person blahblahb blahb that admitted everything. ------------------ inconsistancies: 1. i was never asked to leave. i was told to and i quote "just sit the fuck down and shut the fuck up, thats it" i on the other hand dont take orders from short cubby girls and replied "fuck this shit. wheres falk? im fucking outta here" No where was i asked to leave. 2-3 times i was told that i am stupid and that i could stay as long as i chill out. I checked with a couple of friends that clairified that i was minding my own business when the girl started yelling at me (which was what i thought) and that i chose to leave and had the option to stay verbally given to me multiple times. 2. Mr Big mike was actually with me when i threw that mixer through the window. He claims otherwise in the report which to my knowledge constitutes as giving false witness information to the police which to my limited knowledge is illegal. Thus making his testimony irrelivant. --------------------------------- The question is.... due to these false statements does that make any difference in the charges as looked at by a lawyer? Could overall the charges be dropped in any instance because of the false information given? Just curious just incase any of you study law. Thanks in advance! |
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No search took place. |
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maybe you should just take your medicine like a good boy if you really threw the mixer through the window. |
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From the sounds of it, you don't have much chance on the grounds of false statement. A few questions: 1. Has the damage been admitted and paid for? If not offer to pay now. 2. Have you made an attempt to appologise? |
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I dont give a shit about paying for the window and or ticket. I was trying to do this when i was talking to the cops: before i was cuffed, while i was cuffed, on the way to the station, in the holding cell and before i was sent to general population. i went to court today hoping to take care of all this and they wouldnt let me see the DA and forced a "no guilty" plea on everyone that showed up forcing us to come back at a later date with a lawyer. I just want to get this out of the way. With all this time that i have i am nitpicking it in my mind so perhaps i can just have it potentially thrown out. That'd be great. I got the cash but the cops and those that work at Dane county dont care. If this was Milwaukee or West Allis I would have either gotten away with it or this all would have payed off before a court appearence was ever talked about. I've played this game before... just not in Madison. |
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THats kind of what i am guessing but it doesnt ever hurt to check. 1. That option was passed and i have contacted no one about it that has affiliations with the house. I am also under court order not to contact anyone at the house or physically appear anywhere on Chandler Street. 2. No. Its not necessary. Was it a stupid move? Yes of course. Do i regret it? Yes there are other ways this could have been handled. Am i sorry? answer: did this girl think she was going to talk copious amounts of shit to a kid that drank 90-95% of a bottle of Rum and she was going to get away with it? Dont work that way. |
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sorry, i shouldn't have teased. but i think you asked for the cards and you should play them. guess you can't be blamed for trying to get out of it, tho. |
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that has to be the stupidest fucking thing i've heard. good luck with that shit... ;0 |
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You admitted responsibility to an officer, you are fucked no matter what anyone else says and inconsistancies in the report won't make any difference. Even now you seem to acknowledge you did the crime and yet defer responsibility by calling yourself a drunk kid. A harsh lesson to take but needed I think :( |
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Oh yeah, this would have happened sooner or later. Its amazing i havent gotten far worse in the past. There is some crazy stuff back there. I told the officer conflicting stories and explained in the beginning that i didnt know who did it but just to make everyone happy i'd pay both the ticket and the damage. He questioned me and tried to make me admit things with word play. He was such a rookie that while shit faced i could still point out his flawed logic. Which led to me poking fun at him and him cuffing me. :D Its a broken window. I have no quams paying any of this but they are wasting my time. This could have been over and done with long ago (days). That fact makes me want to play seperate cards. There are glimpes of hope but overall i know ill end up paying. I do like to exercise my options though. :) Lesson learned? Yup. Not as invinsible as i thought. It was a good run though. 8 years of drugs and alcohol and no drug or alcohol related convictions. |
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Do you have previous convictions? If not plead guilty, say you regret the whole thing, say that you are willing to compensate for the damage. The worst that can happen to you is that you will have a fine + Compensation payment + community service or a suspended sentence. |
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Yeah good call. Thats what i wanted to do today but since their courst system is so fucked up they forced a not guilty plea on everyone in the room and we all have to come back. I'd just rather get it over with but i figured that i have until Oct 6 to figure this all out |
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Prepare a statement to read to the court saying exactly that. You shouldn't need a lawer for this one. Just be appologetic and respectful, give short answers to the prosocuting lawer and don't enter into an argument with them. What music were they playing that made you flip out???? |
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Statement to the court Hey Judge, check this out yo, this bitch was standing shoutin some shit at me, givin me all sorts of verbal shit and I flipped out and threw a mixer through her motherfuckin window. It's like this yo, the bitch, the bitch, well the bitch lucky to me alive man...coz normally man, bitches be shoutin like that all up in my face they necks get broken fo'real. I killed six bitches at a house party last week your honour so I think y'all need to dismiss this shit from court right now because the way I see it I taught the bitch a lesson in what happens when you let your fuckin mouth go crazy. Thanks your honour. |
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Just relax with some ambient music and crack open the tequila. Think about it, they probably deal with cases like these every other day (drunken violence is so common these days). Aslong as you are sincere and show remorse you'll get off without a stay in prison. Unfortunately this means your going to have to delay your trip to London, anyway it would be nice to meet you :) (whenever that day comes.) |
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I'm so quilty not reading this thread..but that statement sounds very sick. |
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I never had a problem. Thats what i dont get. I tolerate and listen to all sorts of stuff. The thing that set it off was the incredible amount of rum consumed in a short period of time and unwarrented agression towards me. The insults that i gave were so so easy. It was easy pickins. :D Fun. ---------------- Zomg LEE!! I just had to read that one outloud!! I should change the message on my answering machine on my cell to that. Top notch material!! |
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Mr panda man i cant help in any shape or form,but i wish you the best of luck and hope it all works out for you. |
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Thanks much! :) |
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i have a funny feeling this bitch had an annoying extra high-pitched voice too. what a jip. hope you get out of this one considerably unscathed, brian. |
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"The thing that set it off was the incredible amount of rum consumed in a short period of time and unwarrented agression towards me." you drink a lot - if this was because of the alcohol, it would happen a lot more. I've said this before to you: you drink too much and you are getting worse and worse at handling it. or so it seems like it from the stories you tell. it's kind of worrying. |
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someone's been listening to a little too much NWA... |
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aha get your responsibilities straight man :p dammage done = reparation works like that , yo ! :D i hope they don't make you pay too much tho... |
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So they played some shit music at a party you were at and you threw the mixer out through the window? Sounds like the actions of a reasonable man to me :) Seriously though, shrill, irate females are something I can't handle when I'm drunk either, so I empathise. Dress smartly for court, lay on the 'I'm so sorry' with a trowel (without it being obvious that you're insencere) offer to pay for the damage done etc. and provided it's your first offence, you should get off lightly. As ecnadniarb said, the fact you admitted responsibility to a cop means you're highly unlikely to get away scot-free now. |
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Personally i think you're going down, your reputation will be forever sullied, and while big bubba figures out numerous ways of making most of his cell-time with you, your girlfriend will shag all of your mates. What a bummer. Good luck with that shit. :) But seriously, like CJC said, you got to suck it up and be all honorable and take it on the chin and you should be ok. |
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i always thought it was "scotch-free" ya know as in like the tape, scotch tape. what exactly does that mean btw, "scot-free"?! i know what 'scotch' means... |
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I'm hoping to study law at Liverpool Uni as part of a combined Hons. I'll get back to you with my opinion at the end of my 4 year course (thats 5 years away) |
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Herre is a tip: You werre drrunk, you did (parrt of)the crrime, do the time. The cops arre a bunch of cunts, no amount of pleading is going to help you, sorrrry mate. I had a similarr situation myself, wherre it wasn't rreally my fault, but therre we go, they don't carre about any of that. |
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Nope, it's definately, "scot-free". The origins of it are contested though, but personally I go for explanation, as opposed to . |
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That's a Ceri JC post if everr I've seen one. |
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damn, ya learn something new everyday... kudos! |
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I actually talked to the gent that busted me out... the music choice is now impossable because they were playing "Lamb of God" right before this happened. They are one of the newer metal bands that i really really like. So i am confused by the whole thing. That officer 1uped me. I should have just kept quiet but in my drunkenness i just wanted out. ah well no big deal. Yes imagine the most annoying girl. about 5'2 but the phrase "chunky monkey" comes to mind. Thanks for understanding. I rarely get pushed over the edge |
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