
10-29-2007, 06:52 AM
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Senior Member
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Join Date: Nov 2006
Posts: 455
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Quote:
Originally Posted by onalas1
Maybe you guys can help. I got a speeding ticket Friday. That is ok. I was speeding. The officer came to my car and told me I would have to come with him. I had a warrant out for my arrest from 2004 from a bad check. I dont understand how this happened. I saw the copy of the check and I signed it back in 2003, so I am ok with that. The worst $6.80 I ever spent.
My questions... Was I arrested? The cop handcuffed me and took me to jail where I stayed for six hours before getting *bonded out* (whatever that means), but I always see on the movies where they read you rights and offer you a lawyer. So I am confused as to if I was arrested or just held...I dont know. They did fingerprint me.
So my first question is was I arrested? If so, why wasnt I told or read rights?
Next. I payed $100 to get out of jail. The lady told me that I have to go to court in January just to appear before the judge. There I would pay court costs and be on my way. Question, at some point do I plead quilty or not quilty? So, am I being charged with a crime or just paying a fine? Again the check was $6.80
The reason I seem so uninformed is because I have lived a sheltered life. I come from a family of preachers. I myself am a youth pastor. I dont smoke drink or curse. I have never seen a jail before friday so I have no idea how things go down.
Do I need an attorney? The way they sounded I just go to see the judge and pay court costs. The end, but where does the quilty not quilty come in?
Am I a criminal now?
Please help. I am a little freaked out!!!!
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Once a warrant has been issued, there's no further need by a police department to question any further and as such, no need for Miranda. Yes, you were arrested because of the warrant you mentioned. The court costs in question are typically only as a result of the traffic stop (you may want to contact your courthouse to make certain) and depending on how you choose to plead the ticket, that's when the "guilty, not guilty" ruling will be determined. You may want to check with the court clerk as to your jurisdiction's typical procedure; some courts will expedite proceedings with clerks that will go over your particular situation prior to your appearance before the judge. You'll have the choice to plead no contest or not guilty at that time .. the decision is yours to make. Some jurisdictions may allow to you to plead no contest, pay court costs and after a probationary period of 60-90 days (an example,) your driving record is cleared. It all depends on your area and your past driving record .. again, a phone call can help answer that one.
From your post, it appears you have sufficient time to resolve the check issue well before your traffic court hearing. In my opinion, that's an entirely separate issue. Just a suggestion here: you may want to contact the original party to get this situation resolved and negotiate to have the charges dropped. $6.80 is minimal; a conviction for a bad check can conceivably cost more in your future. Personally, based on your post, I don't see the need/cost of an attorney as you've admitted to owing on both, but if you feel the need for further legal advice (after you've contacted your courthouse,) by all means seek counsel before your hearing. I'd also suggest you bring proof that the check matter has been resolved/dismissed to the traffic court hearing as well.
Hope the suggestions help. Good luck.
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