420chan now has a web-based IRC client available, right here
Leave these fields empty (spam trap):
Name
You can leave this blank to post anonymously, or you can create a Tripcode by using the float Name#Password
Comment
[*]Italic Text[/*]
[**]Bold Text[/**]
[~]Taimapedia Article[/~]
[%]Spoiler Text[/%]
>Highlight/Quote Text
[pre]Preformatted & Monospace text[/pre]
1. Numbered lists become ordered lists
* Bulleted lists become unordered lists
File

Sandwich


Community Updates

420chan now supports HTTPS! If you find any issues, you may report them in this thread
got DUI right as i was about to move? by Cornelius Cinnerstin - Sat, 10 Feb 2018 01:47:15 EST ID:cfYutFUh No.46081 Ignore Report Quick Reply
File: 1518245235938.jpg -(131885B / 128.79KB, 1280x720) Thumbnail displayed, click image for full size. 131885
hello guys i was thinking of moving somewhere else and i've been looking and planning and stuff but i slid on some snow and went off the road and got a felony DUI because it was my second DUI.

my first DUI was reduced or not counted or something because they gave me a one year conditional thing to lose the charge if i didnt get in trouble and i never did but i guess this second one was still a felony.

i talked to my friend who got 2 dui's back to back and the second one he rolled a car over completely on the freeway while he was still in trouble for the first one but they made him do a really long drug program that he messed up or 6 months in jail plus 3 years probation.

will they do some shit to trap me here or can i just leave and go somewhere else new as long as i pay my fines and do everything the court orders? My last dui was like 6 years ago and they've all been really minor offenses no accidents or injuries or major damage or anything.

my fear is that they make me do some program that makes me sit here forever and go through some stupid hoops or something if i get probation how hard is it to switch states with that? I still have free health insurance through my parents for a few months so should i just check into some chemical dependancy/out patient rehab program thing now since the court will probably order it anyway and get it out of the way now?

how fucked am i? is that seriously going to stick as a dui and i need a good lawyer to get it reduced? like if i don't pay someone a fuckton of money i can't get it dropped? it wasnt an agrevated dui or anything i just slipped on some snow a few inches off the road i didn't really fuck anything up or get aggrevated charges.

what should i expect on my first court date? im scared to speak or say anything to a judge without a lawyer and that's my time to sign up for a public defender and stuff like that. could i find a lawyer for like $500 or something and have them take care of my stuff or does it always have to be like 2000-3000 for a lawyer?

how fucked am i on moving? is it gonna be possible to move? i don't see how im going to be able to get anything done here when they take my license away because i live in a small ass town with like 1 street light for 30 miles i have to drive fucking HOURS to go and do anything at all i don't really get what im supposed to do.

i was going to move to a city where i can at least use public transportation even if its inconvienant at least its there at all. what can i do to make sure i can leave? i don't even really mind the loss of a license anyway i was going to avoid getting a car to avoid paying for it plus insurance and stuff like that.

what should i expect? what do i do? my last dui was 6 years before this so kind of a long time and they're never aggrevated duis or anything but i get a felony and all that shit? that seems crazy so i have to pay a shit load on insurance for the rest of my life and have a felony over 2 small mistakes while im young. what the hell do i do now? im afraid to talk to a judge to admit or say anything wrong without a lawyer im gonna have a felony and no car or vehicle living in the middle of fucking nowhere with it being a 60-70 mile commute to go to stores, jobs, and friends houses and shit
>>
Cornelius Cinnerstin - Sat, 10 Feb 2018 01:56:48 EST ID:cfYutFUh No.46082 Ignore Report Quick Reply
oh yeah i also live in ny...

i told the cops i want a lawyer or parent present as a witness to any field tests or anything and i kept trying to call my parents of course nothing and he said get ahold of your lawyer i said i have to get ahold of my parents to get it

after that he tried dragging me away from my shit and intimidating me and i tried going after my phone and he tackled me to the ground just trying to move my arm for my phone and i said im recording this and i took my phone out and tried to record it and he stole my phone and told me he was forcing me to go to the station and take a test then i blew 0.0 on a breathalyzer and they found xanax on me
>>
Caroline Gungerdare - Mon, 12 Feb 2018 20:58:41 EST ID:mIwYUMzr No.46083 Ignore Report Quick Reply
>>46082
So possession of prescription plills that are not prescribed to you? Were you charged with. I would find it difficult to have them to charge you with DUI if they
drew no blood and you blew no alcohol. Some say a fool represents himself in court. I found otherwise. Try to talk with the DA, and see what they are going to try you for, if anything.

If there is a preliminary hearing would be 'the DA' stating what you may be charged with, and intent to prove the allegations.
>>
Shitting Fengernore - Mon, 12 Feb 2018 23:07:11 EST ID:cfYutFUh No.46085 Ignore Report Quick Reply
>>46083
im pretty fucked i think the pills i took were double dose and i didn't know so i accidentally took double plus i took more after being arrested so really getting a reduced sentence would be all i could do

i took some law classes for a few years and police procedure type stuff but i doubt i know anything to do. the only defense i could possibly fathom thinking of now would be just the fact i wasnt conscious or aware to the fact i was fucked up
>>
Simon Wemmledid - Tue, 13 Feb 2018 22:41:58 EST ID:cfYutFUh No.46086 Ignore Report Quick Reply
>>46085
guys what the best plea to make at trial no contest or not guilty

wouldnt not guilty automatically be the smartest since its the only way to stop you from being charged

is it possible to be carried off to jail from your arraignment? which plea would make you most likely to have that happen? no contest or not guilty?
>>
Simon Wemmledid - Tue, 13 Feb 2018 22:51:54 EST ID:cfYutFUh No.46087 Ignore Report Quick Reply
>>46086
what if i just book shit with a good way to make money? can I just throw money at it from far away and do stuff like post bond before turning myself so i don't even have to go to a jail?

if i run from a second dui and then turn myself in with the charges of it plus failure to appear would i have to go to jail or can i just pay fines and shit? how would that would out of state could they just force me to go to jail and fuck up my job or whatever i have going in my new state? if i just threw money at it could i never go to jail and just pay it off or whatever to get my license back and never have to do anything as long as i have money?
>>
Doris Honeydale - Wed, 14 Feb 2018 02:49:27 EST ID:ojXA8mez No.46088 Ignore Report Quick Reply
>>46086
You need to know what you are charged with. You need to know the police report.
I understand some states, municipalities can give a person a dui without any drug alcohol tests. I have seen it but it surely is unconstitutional to charge somebody, except for circumstances. Like weaving, slurred speech. Even then to get a case it would be a good idea for police to take a blood sample or breathalyzer test. Some people are diabetic and can smell like alcohol when they need help, and police have charged people for DUIs when they actually weren't driving right or went off the road because of medical conditions.

No contest is not admitting guilt but neither admit to nor deny the charges. But ends up as a guilty plea almost always just the same. Any judge in an arraignment expects not guilty plea. Will often not accept a guilty plea at arraignment.

>is it possible to be carried off to jail from your arraignment?

Yes.

>which plea would make you most likely to have that happen? no contest or not >guilty?

Some courts accept 'no contest', but that is a plea of effectively accepting guilt.
Some judges will not allow 'no contest' in any case. Plead not guilty. Then the process continues.

Understand, (try to) criminal court procedure. findlaw.com many law sites explain criminal court procedure from arrest, bail, arraignment, pre-trial proceedings, etc.

(no contest I have seen used extensively is where judges see minor infractions, like in night courts for petty offenses, where cases last mere minutes. Because of the workload and contesting mostly petty offenses, loitering, etc.
>>
Doris Honeydale - Wed, 14 Feb 2018 03:06:54 EST ID:ojXA8mez No.46089 Ignore Report Quick Reply
>>46087
Just go through the process at all costs. If you don't have a warrant now, you surely do not want one in the future. You could be extradited from another state to where this happened. If you do not like long carrides surely you do not want to be handcuffed and shackled, moved from detention to detention, jail and back to detention. Considered a flight risk where you had no bail, you may suddenly have a bail. If you cannot make bail you may stay in jail until the process is
finalized. (aside, you will not be able to get a drivers license in another state
if it is revoked.) Do you even know if it is revoked?

Get a job and a place to live in the town where this happened if possible. Go through the motions, know what you are charged with. If anything from what I have read. Get on the phone with the clerk of the courts, ask about your case.
If there is a scheduled hearing, what charges are there. Do it ASAP. Leaving state, whatever. People generally are limited in what they can do if they have
unfinished legal obligations. And from what I have seen, do get caught at some point in time.
>>
Simon Wemmledid - Wed, 14 Feb 2018 05:46:32 EST ID:cfYutFUh No.46091 Ignore Report Quick Reply
>>46089
is there a way to make sure im not arrested when im arraigned and shit? why should i call the clerks? what do i do about a public lawyer just go get arraigned and then only get one after or can i talk to one before my case?

what if i plan on making a lot of money there like can i just throw money at it and it'll dissapear like just issue turning myself in with a lawyer and bond already paid and shit?
>>
Fanny Hubberserk - Thu, 15 Feb 2018 07:08:18 EST ID:VDw2Ex8H No.46096 Ignore Report Quick Reply
>>46091
As long as you don't have any warrants you're not going to jail at arraignment. Arraignment is literally nothing but a formal charging and an opportunity to pre try your case with a prosecutor.

If you plead your case out at arraignment you might go, but that's your choice.
>>
Fanny Pickleham - Thu, 15 Feb 2018 11:50:24 EST ID:BhUMzi64 No.46097 Ignore Report Quick Reply
>>46096
There are half a million people sitting in jail in the US because they can't make the bail that was set at arraignment.
>>
Simon Fommersen - Thu, 15 Feb 2018 14:08:21 EST ID:6AxrPqeI No.46099 Ignore Report Quick Reply
>>46097
I guess you missed the part where he's already out on bond, or I guess you think he's posting from the jail internet.
>>
Jack Tootfuck - Thu, 15 Feb 2018 16:53:42 EST ID:/cf1D0MZ No.46100 Ignore Report Quick Reply
>>46099
He didn't say he bonded out and I'm not aware of any way to post a bond before an arraignment. I don't know why OP is on the street and I don't care. OP is a fucking idiot.
>>
Sidney Bollypitch - Thu, 15 Feb 2018 20:13:53 EST ID:VDw2Ex8H No.46104 Ignore Report Quick Reply
>>46100
You usually post a bond by paying bondsman 10-15 percent of the bond set by a magistrate. Or you can pay the entire bond a surety yourself.

Either way, if a bond can be set, it's set months in advance of an arraignment, which is a formal charging hearing, either by order from the trial court for small offenses, or through a preliminary hearing.

Hope that lesson in criminal procedure 101 helps
>>
Charles Nubberbanks - Sat, 17 Feb 2018 22:55:08 EST ID:lxVhxi5t No.46110 Ignore Report Quick Reply
>>46104
Arraignment is where the prosecuting attorney poses charges against defendant.
Which I believe must be done within 2 working days of arrest. Where the DA says there is or is not enough evidence to proceed with a case. One case involving a sum of cocaine, the DA said they cannot find the cocaine and ,, that they have no case to proceed further. that was a preliminary hearing.
>>
Fanny Sossleneck - Tue, 20 Feb 2018 18:45:56 EST ID:EaCxp/l/ No.46123 Ignore Report Quick Reply
>>46110
Bail can and is set most often at arraignment. Simple as that. judge decides bail/bond whee it should be set at. DA may argue/accepts where set bond should be. As well Judge may do so as well, and why.
>>
Betsy Hagglebune - Wed, 21 Feb 2018 06:34:06 EST ID:VDw2Ex8H No.46124 Ignore Report Quick Reply
>>46123
i think you guys are confused about basic criminal procedure. He already has a bond because he's out of jail. The arraignment he's describing is a formal arraignment to have the charges read to him. Some jurisdictions may call preliminary hearings (the ones that have to happen within 24-72 hours of arrest) arraignments too, but that's a completely different hearing (and if y'all exercise some elementary reading comprehension you'd know already happened in his case)

So no, op, you're not going to jail unless you want to
>>
Fuck Fessledock - Wed, 21 Feb 2018 17:02:45 EST ID:bJN3Ctfu No.46125 Ignore Report Quick Reply
>He already has a bond because he's out of jail.
He never said he went to jail. He said he was arrested. Then he received a summons and came here to ask dumb questions about posting bond in advance of his hearing. It sounds like he was released without bond pending a formal complaint. I don't know about DUIs in New York, but that's not uncommon elsewhere. If there's no bond set or the judge doesn't like him, additional restrictions would not be surprising.

>if y'all exercise some elementary reading comprehension you'd know already happened in his case
I disagree.
>>
Betsy Shittingfoot - Wed, 21 Feb 2018 23:27:35 EST ID:0VaN8his No.46126 Ignore Report Quick Reply
>>46081
To simplify this a bit. If you were taken t o police station and fingerprinted and all
and let go. You will not receive any bail. Unless considered a flight risk. Even
then. You would likely be free to move about as you wish, just show up for court dates. If you do not, you would not be able to get a drivers salience in another
state. Could possibly be extradited back if stopped and IDd. You will NOT
get a bail bond amount, as in $$$. A personal recongance bond to promise to appear in court on your behalf, not the courts behalf by putting you in jail.

not enough info.


Report Post
Reason
Note
Please be descriptive with report notes,
this helps staff resolve issues quicker.