3 misdemeanors

[vxnova]

What is the name of your state?California
I was talking to one of my friends outside a party and after she left I began to walk back to the party.While walking back to the party a group of police officers outside a neighbors house told me to "Get out of here,go home".I did not think it wise to stick around so I began to walk away and realized that my house 30 minutes away and my ride home was at the party.I began to walk back to the party and as soon as I got near it a group of officers ran at me and handcuffed me.They are now charging me with interfering with a peace officer,drunk in public and trespassing.I was not drunk and do not drink.Because I had to walk through a nieghbors front yard to get to the party they also caught me for trespassing.Is this legal?Can they arrest me just for trying to go to a party?

 

[JETX]

Is this legal?

Is what 'legal'?? The charges themselves?? Yep, sounds like it. The fact that you were charged?? Possibly. That is what the courts are for.

Can they arrest me just for trying to go to a party?

Nope... but then that is NOT what you were arrested for. From your own post, you were arrested for "interfering with a peace officer, drunk in public and trespassing". Nothing in there about a party at all.

 

[vxnova]

Nope... but then that is NOT what you were arrested for. From your own post, you were arrested for "interfering with a peace officer, drunk in public and trespassing". Nothing in there about a party at all.

But the reason they charged me with interfering with a peace officer was because I tried to go back to the party.The officer told me to "Get out of here,go home".The only way I could get home was going back into the party and leave with my friend.He said nothing about not going back into the party.

 

[JETX]

But the reason they charged me with interfering with a peace officer was because I tried to go back to the party.The officer told me to "Get out of here,go home".The only way I could get home was going back into the party and leave with my friend.He said nothing about not going back into the party.

So, what part of "Get out of here, go home" did you not understand??

 

[vxnova]

So, what part of "Get out of here, go home" did you not understand??

The only way I could get home was going back into the party and leave with my friend.My cell phone did not have reception so i couldnt make any phone calls and it was very cold and I have recently had a very bad sore throat.I was basically stranded and the officer was telling me to do something which was highly unreasonable.My house was 30 minutes away.

 

[JETX]

The only way I could get home was going back into the party and leave with my friend.My cell phone did not have reception so i couldnt make any phone calls and it was very cold and I have recently had a very bad sore throat.I was basically stranded and the officer was telling me to do something which was highly unreasonable.My house was 30 minutes away.

All interesting excuses... but not relevant to the issues. I am sure the officer didn't just slam you with those charges without SOME provocation (and numerous 'warnings').
In any case, your explanation can be presented to the court at the appropriate time.

 

[AHA]

When a police officer tells you to do something, especially "walk away", it's well advised to do just that. They offered you a free pass out of trouble.

 

[CdwJava]

But the reason they charged me with interfering with a peace officer was because I tried to go back to the party.The officer told me to "Get out of here,go home".The only way I could get home was going back into the party and leave with my friend.He said nothing about not going back into the party.

I'm sure there is a little more to this ... maybe a little verbal attitude or something with the officers? I seriously doubt they saw you just walking back up to the house and "ran" at you and threw you in handcuffs.

Also, the charge you mentioned is PC 148(a) - resisting, obstructing or delaying a peace officer. if you refused to comply with a lawful order, they can arrest you. The officers are not obligated to discuss and negotiate the matter with you - they had a party full of people to deal with, so they couldn't just spend their time and focus solely on you.

When it goes to court the state will have to show beyond a "reasonable doubt" that you are guilty of the charges. However, the arrest only requires "probable cause" to believe that a crime had been committe dand that you had committed the crime. Even if the charges are ultimately dropped, the arrest can - and usually will - be held as lawful and proper.

- Carl

 

[vxnova]

Thank you for your reply CdwJava.I said nothing to the police officers until they had me in cuffs and thats when my attitude started coming out(no cursing or insults).I was very angry about them arresting me for something like that and was telling them that I did not think they should grab a sober person like me when there is a party full of drunk people.The lawful order by the officer telling me to "go away" might have been ok if my house was down the street but unfortunatly it was not and I had nowhere to go.The drunk in public and trespassing charges arent what I am very worried about. The refusing to obey an officer charge is what worries me and I dont know what I can say to the judge in my defence.If I tell him I had nowhere to go he will probably reply just as some of the people who posted replied (interesting excuse etc.).

 

[CdwJava]

Sometimes the arrest is just made to deal with one problem before dealing with others. The charges may never go to court at all. My guess is something about what you did or said was a distraction for the officers, so they took the most expedient course of action to remove the distraction - arrest you.

The whole case may never even get to court.

If you have the money, you might consider consulting an attorney as he/she might be able to backstop the offense by either convincing the DA the case is weak and dropping it, or settling it by DA diversion (i.e. stay clean for 6 months or somethin' and the whole thing disappears - no charges, nothing).

Bottom line is that we don't always have time to deal with multiple distractions so we pluck some of them off as quick as they show up. And a judge MAY by the excuse. But a better course of action MIGHT have been to wait until the cops left. I know that I personally get concerned when someone is told to leave and then they come back ... it indicates to me they are either drunk (and can't follow directios) or they are intent on arguing with me. That may not have been the case, but it well could have been what was going throught he mind of the officer(s).

- Carl

 

[vxnova]

Thanks for your helpful replies CdwJava they have really helped.I really hope the case doesnt go to court.I have been sober for over 5 months so I wouldnt have to deal with things like this.I think the reason the officer probably thought I was drunk was because i went back after they told me to go away.At the time I had no idea that a police officer can arrest you for not listening to him especially if you are sober and have no warrants out for your arrest.Now I realize though that the officer was just trying to break up the party and that why he told me to go away.

 

[Lorane]

JETX,
Are you also in the habit of being rude and belittling people. If you can not give constructive advice or at least try to be helpful, then don't say anything. Grow up!

 

[vxnova]

Yea there seem to be alot of people who do things like that on this website.Luckily there are also many helpful people.

 

[JETX]

JETX,
Are you also in the habit of being rude and belittling people. If you can not give constructive advice or at least try to be helpful, then don't say anything. Grow up!

Gee, last time I checked your name was NOT on the forum 'management' list. So, who gives a flying fig what you think???
Your posts are continually without ANY benefit to the forum and are only repeated whinings, cryings and moaning about your sorry life. As my dear old, departed grandmother use to say..... "Minding your own business is a 24 hour a day job. When you are trying to mind someone elses, yours is going to crap!".

In reviewing some of your posts:
1) One of them is a self-serving, self-congratulation whine-filled post about how you managed to raise two kids without alimony!! Big deal. Just proves you know NOTHING since alimony has nothing to do with children!!
https://forum.freeadvice.com/showthread.php?t=205041

2) The same tripe was whined again by you at: https://forum.freeadvice.com/showthread.php?t=203678

3) And again at: https://forum.freeadvice.com/showthread.php?t=204687

4) Finally, you got off your whining droolings about alimony when you posted about your bitch on another thread.... also without ANY legal advice or remedy to the writers post. You simply dribbled, "I can not believe that any legal system would allow this type of treatment of US citizens in the work place", blah, blah, blah. Again, without ANY real value to the OP.
https://forum.freeadvice.com/showthread.php?t=186587

5) Then, in a 'Linda Blair' move, you spun yourself into the caped 'environment crusader', whining about the local utility.... again, without any real value to the forum.
https://forum.freeadvice.com/showthread.php?t=205472

From your previous posts, it would appear that your life must be full of crap. Take a hint.... start fixing YOUR problems by minding your own.
Then, just MAYBE, your posts might be of benefit and value to the rest of us.

 

[vxnova]

Can we please just answer the question and stop commenting on how bad someones case is.Everyone who posts on this website should either try to help each other or find help from someone.