I was arrested at lunch..

The cop cannot decide to charge you with a crime. Only the DA can decide that, being the prosecutor he can decide if there is enough evidence, the cop cannot. If you present him opposing evidence the charges will not be brought, they will be dropped.
 
Superfreak said:
There is a difference with being CHARGED and being ARRESTED. For a friggin lawyer I would expect you to understand the difference.
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No there really is not.. But I am conserned about a question that reads, "Have you ever been CHARGED with a crime?".

In Florida there are three ways to be charged with a crime.

1) A police gives you a notice to appear. Thats what happened to me today.
2) The prosecutor files an "information"
3) A grand jury indites you.
 
Damocles said:
The cop cannot decide to charge you with a crime. Only the DA can decide that, being the prosecutor he can decide if there is enough evidence, the cop cannot. If you present him opposing evidence the charges will not be brought, they will be dropped.
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You are WRONG, in Florida a Police Officer can charge you with a crime. Trust me, I was a prosecutor, and I persued many cases where the charging document was only signed by a police officer.

They do it all the time, DUI is a great example.

Look at any Florida DUI video. "My name is officer ________. i have arrested and charged ___________ with DUI."
 
Jarod said:
No there really is not.. But I am conserned about a question that reads, "Have you ever been CHARGED with a crime?".

In Florida there are three ways to be charged with a crime.

1) A police gives you a notice to appear. Thats what happened to me today.
2) The prosecutor files an "information"
3) A grand jury indites you.
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Are you friggin kiddin me? Being charged in this case equates to getting a ticket.... one that you can easily have dismissed. Being arrested means you get your ass taken to jail.
 
Jarod said:
You are WRONG, in Florida a Police Officer can charge you with a crime. Trust me, I was a prosecutor, and I persued many cases where the charging document was only signed by a police officer.

They do it all the time, DUI is a great example.

Look at any Florida DUI video. "My name is officer ________. i have arrested and charged ___________ with DUI."
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And you can drop the charges, removing them. As a prosecutor, if you find there is not enough evidence to convict you cannot irresponsibly waste the money of the taxpayer and bring charges on somebody you know will not be convicted. Preliminary charges can be brought by an officer, but the prosecutor has final say on bringing them before a court. Unless the cop is the prosecutor he is not the deciding factor on whether those charges will be brought before a court.
 
Superfreak said:
Are you friggin kiddin me? Being charged in this case equates to getting a ticket.... one that you can easily have dismissed. Being arrested means you get your ass taken to jail.
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The question is, "Have you ever been charged with a crime"

I was charged today.
 
Damocles said:
And you can drop the charges, removing them. As a prosecutor, if you find there is not enough evidence to convict you cannot irresponsibly waste the money of the taxpayer and bring charges on somebody you know will not be convicted. Preliminary charges can be brought by an officer, but the prosecutor has final say on bringing them before a court. Unless the cop is the prosecutor he is not the deciding factor on whether those charges will be brought before a court.
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I agree with what you said, however, you were still charged. Thats all there is to it. In fact our local head prosecutor reciently threatened that if budget cuts got too bad, he was going to pull the prosecutors from the traffic crime courtrooms and make the Police do the prosecuting.
 
Damocles said:
And you can drop the charges, removing them. As a prosecutor, if you find there is not enough evidence to convict you cannot irresponsibly waste the money of the taxpayer and bring charges on somebody you know will not be convicted. Preliminary charges can be brought by an officer, but the prosecutor has final say on bringing them before a court. Unless the cop is the prosecutor he is not the deciding factor on whether those charges will be brought before a court.
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Dropping the charged ends them, but it does not change the past. Once charged you were always charged, regardless if later the prosecutor dropped them or not!

It could be different in your states, but here in Florida that is the way it is.
 
When I was a prosecutor I did what I called a Desk Drop. Meaning I dropped the charged from my desk, without ever going to court on things that I thought were silly. I would call the Defendnat, or his attorney and appologise on behalf of the police dept.

This did not change the fact that the person had been charged in the first place.
 
Superfreak said:
I understand you were charged Alice..... you stated there wasn't a difference between being charged and being arrested.
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I dont think I said that. But in Florida, as far as your record is conserned, there is no difference.
 
Jarod said:
I agree with what you said, however, you were still charged. Thats all there is to it. In fact our local head prosecutor reciently threatened that if budget cuts got too bad, he was going to pull the prosecutors from the traffic crime courtrooms and make the Police do the prosecuting.
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m'eh. Not a biggie. You say yes, and that it was dropped.
 
LMAO@Jarod..............

OMG this has to be given the crybaby award of the year...here comes Jarod...your honor please just because I got caught with my hand in the cookie jar...and my face covered in chocolate chips...does not mean that I violated the 'do not steal the cookies law'...the officer was mad because I got the last cookie...I rest my case...can I go home now?:cof1:
 
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Jarod said:
Well okay, not arrested, but charged with a crime.

I was pulled over for speeding, not a crime but a traffic infraction. The police officer asked me if I had my corrective lenses on, I reported to him that I no longer required them as I have had surgery that corrected my vision.

THe guy gave me a notice to appear in court to face criminal charges for not following the restrictions on my liscense that say I require glasses.

What a joke, I am pissed. I already hired a friend to represent me.

Ive been to the PD to file an official complaint.
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those restrictions are for driver safety, and it falls upon you to make the appropriate changes to your license, they can't monitor everyone for any change in their status, like eye surgery. Sorry I know it sucks, but I'm willing to bet that's what will come out.
 
uscitizen said:
Yep and I will bet he was reminded to do that if applicable in a paper or something the surgeon gave him. Lawyers....

I have not had the surgery but could tell the officer the same thing if he pulled me over and saw I was restricted to corrective lenses, but was not wearing them.

Jarod dropped the ball and is paying the price.
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USC, why are you such a fucking idiot?

TY
 
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