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elegant
 
location:
Buffalo
Gender: Female
 |  |  |  | Dealing with actual arrest
< on 8/4/2005 7:45 PM >
|  | | | I read some other threads about getting caught, but no one seemed to have actually been arrested. We're talking mug shot, finger printed, 5 counts etc. A friend of mine was just arrested today at a location we were at a few weeks ago. He went back to photograph it for a local magazine, and was arrested. 3 counts of trespassing, 2 of burglary (he had a key he found inside). His car is impounded, and like i said, mug shot, finger printed etc. They made him name names, so the cops now have my name.
I don't know what to expect for my friend, or for myself if they try to come after me. I've deleted my gallery of images from my site, but that's all I thought of to do.
Has anyone had any experience with actual arrest? Do they drop/reduce charges? If they maintain a trespassing charge, what does that entail? Could they really come after me about it, when they'd have no proof beyond my photographs that I was there? They didn't catch me in the act....
*stressed out*
~sara
http://www.saraettenphotography.com
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JavaDog
  
location:
Buffalo, NY
Gender: Male
| | | Re: Dealing with actual arrest
<Reply # 1 on 8/4/2005 9:07 PM >
|  | | | Was he there on an assignment from this magazine? If so, would they be willing to help him out with legal fees, etc. I guess it depends on the company though...
"...believe me therein upon mine honour, for you will thereby feel in your nockhole a most wonderful pleasure, both in regard of the softness of the said down and of the temporate heat of the goose, which is easily communicated to the bum-gut..." |
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Yehoshua
 
location:
Ontario
Gender: Male
| | Re: Dealing with actual arrest
<Reply # 2 on 8/4/2005 9:21 PM >
| | | | Burglary requires the "intent to commit a crime once inside" (Trespassing doesn't count, since it's merely the entering).
Assuming he was caught in an ABANDONED place with a CAMERA and didn't have LOOT in his pockets, he shouldn't have more than a fine to worry about
Also note that if you're not IN any of the photographs, then you have zero risk yourself.
[last edit 8/4/2005 9:22 PM by Yehoshua - edited 1 times]
Our Citizen.
Our Justice.
Bring Omar Khadr back to Canada. |
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NOCTVRNVS
Gender: Male
You will remember the day you crossed my path...
| | Re: Dealing with actual arrest
<Reply # 3 on 8/5/2005 12:49 AM >
| | | | I may or may not have been arrested. I was initally arrested for trespassing, however the police here are crooked to the max and they found things that they defined as "weapons" which I was charged with. The trespassing charge was actually dropped, which is interesting because if I wasn't trespassing in the first place then why did they search me and thus how did they find these "weapons"? But I was arrested nonetheless, finger-printed, mugshotted and the whole nine yards. Found innocent though! Thanks to a great lawyer.
IN NOMINE PATRIS ET FILII ET SPIRITVS SANCTI |
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GreyKat
location:
Minneapolis/St Paul MN
Gender: Male
I have never been lost, but I will admit to being confused for several weeks.
| | Re: Dealing with actual arrest
<Reply # 4 on 8/5/2005 1:40 AM >
| | | | I dont know how it is where your from but a lot of times law enforcement will drop the lesser charges in lieu of the larger ones.
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Krenta
location:
Saint Paul, MN
Nope, wasn't me.
| | Re: Dealing with actual arrest
<Reply # 5 on 8/5/2005 1:49 AM >
| | | | Posted by Yehoshua
Burglary requires the "intent to commit a crime once inside" (Trespassing doesn't count, since it's merely the entering).
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Where you live, perhaps. That's not universally true, though.
Also note that if you're not IN any of the photographs, then you have zero risk yourself.
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Um, no. I assure you that's not correct.
Have Speed Graphic, Will Travel. |
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Random
location:
Richmond, Virginia
Gender: Male
Partially Retired
| | | Re: Dealing with actual arrest
<Reply # 6 on 8/5/2005 3:23 AM >
| | | | Not sure if it was arrested to the full extent of the term but we were stopped, searched, had ourselves and all of our gear photographed and interrogated for an hour and a half. The two nice cops eventually talked theother ones out of taking us in or charging us.
They confiscated a bladeless multi-tool from me. They said it was a concealed weapon but the most dangerous thing on there was the little pliers. I mean, you could give one hell of a purple nurple with those things, but nothing dangerous. I thought that was odd.
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Yehoshua
location:
Ontario
Gender: Male
| | Re: Dealing with actual arrest
<Reply # 7 on 8/5/2005 4:04 AM >
| | | | As per the burglary, it's fairly universal, but it's true I'm speaking with a North American slant.
Posted by Krenta
Um, no. I assure you that's not correct.
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They're not going to charge her based solely off the testimony of a friend/boyfriend who says she happened to be at the same location weeks earlier - and unless she already has a criminal record, then they don't have her fingerprints to actually go comb over an abandoned house looking for her specific fingerprints to draw up a trespassing charge.
Our Citizen.
Our Justice.
Bring Omar Khadr back to Canada. |
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elegant
location:
Buffalo
Gender: Female
| | | | Re: Dealing with actual arrest
<Reply # 8 on 8/5/2005 6:10 AM >
| | | | Thx everyone for the comments. I'm not super worried about them coming after me. I would hope the state would have more important things to deal with than possibly getting me in trouble for possibly being in a place i shouldn't have been. i have no criminal record, i missed the last time any of my friends sat in the back of a cop car too (they weren't actually booked though). but who knows. It's just sorta stressed me out. it's good to hear other stories.
his story about the whole thing is so ridiculous, of course it happened in a small town, it's probably the most excitement they've seen all year. he wasn't even caught INSIDE the place, just outside... ah well...thx again.
[last edit 8/5/2005 6:11 AM by elegant - edited 1 times]
~sara
http://www.saraettenphotography.com
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KublaKhan
location:
Edinburgh, Scotland
With Satan, it's always gimmie, gimmie.
| | Re: Dealing with actual arrest
<Reply # 9 on 8/5/2005 4:18 PM >
|  | | | Posted by Yehoshua
Burglary requires the "intent to commit a crime once inside" (Trespassing doesn't count, since it's merely the entering).
Assuming he was caught in an ABANDONED place with a CAMERA and didn't have LOOT in his pockets, he shouldn't have more than a fine to worry about
Also note that if you're not IN any of the photographs, then you have zero risk yourself.
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Agreed.
However, what concerns me is the 'naming names' bit.
Comments?
"The truth is knowable. But probably not, ever, incontrovertible."
--Don DeLillo
PICS |
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L. Fancy
location:
Rhode Island, United States
Gender: Male
Winner Of The Great Race 2006
| | | | Re: Dealing with actual arrest
<Reply # 10 on 8/5/2005 6:25 PM >
| | | | Posted by Random
Not sure if it was arrested to the full extent of the term but we were stopped, searched, had ourselves and all of our gear photographed and interrogated for an hour and a half. The two nice cops eventually talked theother ones out of taking us in or charging us.
They confiscated a bladeless multi-tool from me. They said it was a concealed weapon but the most dangerous thing on there was the little pliers. I mean, you could give one hell of a purple nurple with those things, but nothing dangerous. I thought that was odd.
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he he, sounds like textbook "Good cop vs. Bad cop".
The world is not nearly as scary as the TV makes it out to be. |
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Krenta
location:
Saint Paul, MN
Nope, wasn't me.
| | Re: Dealing with actual arrest
<Reply # 11 on 8/5/2005 6:51 PM >
| | | | Posted by Yehoshua
As per the burglary, it's fairly universal, but it's true I'm speaking with a North American slant.
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Even in North America, it varies widely. In some places burglary is a crime of action, i.e. what you do. In some places, it's a crime of intent, i.e. why you do it. In some places they can charge you with intent to burglarize, while in others you can only be charged for the act, or attempt.
They're not going to charge her based solely off the testimony of a friend/boyfriend who says she happened to be at the same location weeks earlier - and unless she already has a criminal record, then they don't have her fingerprints to actually go comb over an abandoned house looking for her specific fingerprints to draw up a trespassing charge.
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There's a school of law enforcement that says "If there's reason to suspect an offense has been committed, file charges and let a judge/jury sort it out". While it's unlikely she'd be charged purely on the say-so of her friend, it's more than adequate to have her detained and questioned, and from there, well...
That aside, I was mostly taking issue with your overly broad generalization that if she's not *in* any pictures, she can't be charged. There are any number of ways she could be charged with any number of offenses despite not being in photos taken in the building.
Have Speed Graphic, Will Travel. |
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Plytheman
location:
Lawrence, Massachusetts
Obey The Deer
| | | Re: Dealing with actual arrest
<Reply # 12 on 8/6/2005 3:20 AM >
| | | | Posted by Random
They confiscated a bladeless multi-tool from me. They said it was a concealed weapon but the most dangerous thing on there was the little pliers. I mean, you could give one hell of a purple nurple with those things, but nothing dangerous. I thought that was odd.
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Well you had to be in trouble for something, or else you would have made them look stupid.
My Practical advise is this: I wouldn't worry about having your name dropped. I mean, worrying over anything is stupid. You took down your photos, thats about all you can do. No reason to stress out until you're actually convicted. They'll probably never come to get you and you'd have just worried over nothing. And if they do come for you, what did you do? You walked around an abandoned building. For trespass you'd get a fine, maybe more trouble if they try to charge you with B&E, but they'd need more than your name being dropped for that. Those burglary charges are bullshit. Besides trespassing you really haven't done anything wrong. Just get a good lawyer.
I'm achin, I'm shakin, I'm breakin, Like Humans Do!!
-Byrne |
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seicer
location:
New York
Gender: Male
| | | Re: Dealing with actual arrest
<Reply # 13 on 8/6/2005 5:20 AM >
| | | | Posted by elegant
He went back to photograph it for a local magazine, and was arrested. 3 counts of trespassing, 2 of burglary (he had a key he found inside).
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First mistake: taking an item. Especially since you said it was some small town cops that makes it worse on him because it just gives something the cops can throw around both in harassing him and in court. I had a similar experience with local cops over several traffic infractions and ecentually had all charges dropped.
Hopefully your friend can do the same.
Abandoned |
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WaelfWulf
| | Re: Dealing with actual arrest
<Reply # 14 on 8/7/2005 10:41 AM >
| | | | It's sad, because this is my first post and I was arrested last month. I don't want to give all the detail as it is still /hot/. The charge is breaking and entering, and theft, and I can assure that there was only entering involved, as for theft, guilty. There was a box full of foreign medicine in patch form that my friend wanted to examen but had no pockets, eventually I broke and took it. However, it would stand well, that if we were serious about being thieves we could have lifted the tv's and cash registers, knives and computer monitors.
Now, some background.
This building has been empty since who knows when, its a historical budling as well, seemed like the perfect place check out. The time was 1Am in a deadbeat little redneck town.
Curious about it one late night, we tried one of the doors, and like magic, it opened. Fulfilling our curiosity we went in, spent an hour looking around this scary ass building without a light, we found a door, (kicked in) that led downstairs; further exploring. Thats where my friend found the box of what-have-you.
Outside, we were almost clear, almost made it to the dark patch of park, where there are no street lights - home free, but a man stopped to ask us for directions ("Shit") I noticed him following us for a bit, and only hoped we could make it to safety before he got to us. As could be expected, he grabbed us, then identified him self as a cop, we were briefly interrogated at what time I said my friend and I found the box, but nothing else. Then cuffed and tossed in the back of the curser (NEVER GET ARRESTED. EVER.).
Someone had called the cops, because two people went into a long since abandoned building, my brother was stabbed in front of the damned place, then beat the living hell out the guy and no one seemed to care, but no, some good-slave to corporate law coward called the police, I call him a coward, because he could have stopped a "crime" him self, simply banging on the door and telling us we had 10 minutes before he called the cops would have done the trick, congratulations, you're a f@cking superhero.
During the ride they lied to my friend, telling him that I said we "broke" into many buildings before, and managed to make him say we were in there once before. My car ride consisted of:
Tears.
"So have you done this -",
"Do you like your job?",
silence.
Spent an hour and a half in the box, then my friend's dad came and took us home,
I went strait to bed when I got home, slept for 40 minutes, then decided to talk to my dad. I cried that night, and spent it in my parent's bed, something I haven't done since I was 6
I'm 18 years old and face criminal charges for something ridiculous.
My parents have been really good, they told me about the alternative measures act, something I'd like to buy into, they got me a lawyer too. I've felt like sh!t since then, and only feel that I got my self into this trouble, so I need to get my self out. The reason for this post, is that I'd like to strengthen my arsenal. Here's what I gathered so far:
The cop who grabbed us, was not in uniform, yet had a firearm clearly visible, and didn't identify himself as a policemen until moments before grabbing us.
We didn't do any breaking, though Im more than certain thats what they want us for, and will try to pin on us.
The owner isn't pressing charges, its the province.
The building is a heritage building, so, 60+ years
I'd like more information on the alternative measures act as well. I know it involves no criminal record, but thats the extent of my knowledge.
And, wondering if emotional damages (on my part) can be taken into account, to maybe lessen whatever they're going to throw at me. I haven't really smiled since the event, I even thought about suicide at one point, just for an instant (knowing that a record could haunt me for many years). It's one of those things you think about while you're trying to sleep at 4 in the morning, or in the shower, car, whenever theres nothing pressing.
There's probably more but thats all that comes to mind right now.
I've taken an initiative, appointment with mr. lawyerman on monday, don't want to say when the court date is, but its coming, and I need to call the fuzz still and enquire about ATMA, any help or reference material would be greatly helpful.
I also want to say, to those who have never been caught, don't let it happen, never be too paranoid, if something doesn't seem right, then it probably isn't.
Don't let it happen to you.
Thanks for your time in reading my crazy long post.
[last edit 8/7/2005 10:47 AM by WaelfWulf - edited 1 times]
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tron_2.0
location:
Ohio
Gender: Male
| | | | Re: Dealing with actual arrest
<Reply # 15 on 8/7/2005 9:06 PM >
| | | | Posted by Krenta
Where you live, perhaps. That's not universally true, though.
Um, no. I assure you that's not correct.
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I think there may certainly be some truth to what he said. If you, or any others that are associated with you, and you dont have the pictures on your camera's memory card, or you destroyed the negatives/prints, I would say you are in the clear. You see, if there is no physical evedence that you were there, just some pictures on the internet that ANYONE could have taken, they really have no grounds for charging you. Hell, you could have simply said that you took them, when somebody else did. Atleast thats what I would argue to the judge.
[quote][i]Posted by yokes[/i]
I find your lack of coziness.... disturbing.
[/quote] |
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hotsauce
Gender: Male
| | Re: Dealing with actual arrest
<Reply # 16 on 8/8/2005 6:47 PM >
| | | | hey!, this is my first post as well, so i'd like to start it off by saying"hi", and "thanks for having me"
now onto waelfwulf, you really need to calm down and not be so hard on yrself, it sounds like this is the first time you've been arrested, and as long as they find you generally co-opreative you really shouldn't have much of a problem...i'm thinking probation and a fine at the WORST, and lets face it as long as yr not going to jail everything"s cool! so calm down, get some sleep, and for chrissake smile P.S. thanks for the spell check guys, but i still couldn't get co-opreative right.......maybe that'll be my next post"does anyone know how to spell co-opreative?"
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A Casual Fellow
I don't like UER.
location:
New York City
| | Re: Dealing with actual arrest
<Reply # 17 on 8/8/2005 7:02 PM >
| | | | In NYC if you're arrested for something as simple as trespassing, you'll either be let go by the cops once they catch you with or without a ticket to pay, a summons to go to court (where you will most likely get an ACD)... I doubt you'd actually spend time in jail.
Now if you're caught trespassing in places like subway tunnels and drains maybe, then they'd probably do the above with the addition of detaining you for awhile and questioning you about terrorism, etc.
But if you have no previous offences or warrants, I don't think it'll be a big problem if you're caught trespassing in places like that, as long as you don't look like an Arab. If you're Arabic or even dark brown skinned, then fuck you're screwed. Better call the ACLU.
[last edit 8/8/2005 7:04 PM by A Casual Fellow - edited 1 times]
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Yehoshua
location:
Ontario
Gender: Male
| | Re: Dealing with actual arrest
<Reply # 18 on 8/8/2005 7:10 PM >
| | | | Posted by WaelfWulf
The charge is breaking and entering, and theft, and I can assure that there was only entering involved, as for theft, guilty. However, it would stand well, that if we were serious about being thieves we could have lifted the tv's and cash registers, knives and computer monitors.[/i]
I was in this exact same situation a few years ago when I was the same age as you, so while it may sound hollow, trust me I know exactly how it feels. I'm a "good kid", I don't sleep around or drink...but do something victimless, and you land in a world of shit ;)
My parents have been really good, they told me about the alternative measures act, something I'd like to buy into, they got me a lawyer too.
My mom hated me, my dad was much more understanding.
The cop who grabbed us, was not in uniform, yet had a firearm clearly visible, and didn't identify himself as a policemen until moments before grabbing us. We didn't do any breaking, though Im more than certain thats what they want us for, and will try to pin on us.
This isn't really likely to help you in a technical sense, since they still count it as "break and enter" (I even had a key to the place I was in!)
The owner isn't pressing charges, its the province.
It's fucked up, isn't it?
I'd like more information on the alternative measures act as well. I know it involves no criminal record, but thats the extent of my knowledge.
If you're from Ontario (I saw you mention the word "province"), then you're probably referring to something called "Intervention", you'll have no criminal record, you'll be able to freely cross the border (Which can be a bitch if you have a record...a deciding factor for me at the time, since my girlfriend lived in the States). You'll probably have to talk to the John Howard Society (Shut up you Aussie bastards, it's a different one), where your lawyer or the court will direct you. They'll then have you fill out a workbook about why you're sorry you did this, how it's affected your life...it's childish, but the whole thing takes maybe 90 minutes over the weekend ;) Then you either pay about a $150 'fine' to a registered charity (and provide proof), or else volunteer at a similar charity for around 15 hours. Other than your lawyer fees, that's about it.
You'll probably still get called into Court unfortunately, but we're not talking Law & Order, or NYPD here, it's typically more like a boardroom with a few people sitting at tables and they'll ask your lawyers a few questions, and assuming he's half-good, he'll say something about seeking Intervention, and you'll be out of the Court in ten minutes. (Might have another ten minute appointment set up a week later)
I even thought about suicide at one point, just for an instant (knowing that a record could haunt me for many years).
Hang in there...there are much worse things in life than a record...and you're *probably* going to get Intervention working to your benefit  In fact on this messageboard, you and I are probably in the minority not having any criminal record (related to UE or otherwise) - one of the first things you learn from hanging around this crowd is that a criminal record is only an offsetting thing if you also hang around bikers or drug addicts, otherwise 6 months down the road you'll have brushed it off.
If you happen to Message me what city you're being tried in, there's the slight possibility that I'd be able to offer you more than a little help as well
Our Citizen.
Our Justice.
Bring Omar Khadr back to Canada. |
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dark-scaler
location:
south bay california
Gender: Male
| | | Re: Dealing with actual arrest
<Reply # 19 on 8/8/2005 11:43 PM >
| | | | Arrests arent fun, but just be glad your out of the cell and realize that you probably wont be going back. How did you only stay in the pen for an hour and a half before you got out? Thats gotta be a record. I got arrested the the first time a couple months ago and they couldnt even process the finger prints and mug shot in that amount of time. The cops stopped me for going 30 mph in a 25 mph zone, searched my car and found a pepper spray canister without a label on it. Turns out a missing label is a felony and can land you 3 years in state prison by the way....so if anyone is missing their label toss the can and get a new one. Anyways....I had to sit 15 hours in the felony tank on mothers day before they let me out. Sentencing alternatives is an awsome idea by the way, anything to avoid a record. I did 50 hours and payed a 70 dollar fee, and the judge finally dismissed my case after the 3rd court date.
Good Luck with your case and Im sure everything will turn out fine. Also be warned that cops with pin anything and everything on you, as im sure many people here can testify to. I had two friends in the car the night we got arrested, and when the cops found a flashlight in the car they called it a "robbery tool" and were considering arresting them for attempted robbery.
yeah...a little too raph |
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