What is the name of your state (only U.S. law)? Texas
I went out the other night with friends. We went to an establishment in a small town of about 1500 people. I had a few (3) beers over at least two hours. When I got home I realized my computer and items from my purse were missing. I was upset, I threw my dog in my vehicle and went back to the establishment 20 miles away as they were still open. I went in and searched everywhere I had been, frantic. When the management was little help, I left and feeling flippant, decided to drive though the ditch to leave. I got stuck in the barrow ditch. I realized that I was to upset to continue further and went back in to ask the manager to call me a tow truck to tow me, the dog, and the truck home. He called the local police, who then arrested me for PI. I repeatedly asked to call a family member to come pick up my truck and my dog but was denied. I was cooperative with the officers but upset that I had been a victim of theft. The officers searched my vehicle and did not find my wallet (which I also thought had been taken.)
After the night in jail, I was released on a $500 deposit bond. I asked at the jail what I was supposed to do. I had not been given a citation or copies of anything other than the bond receipt and the vehicle "items removed/inventoried" list. I signed papers at the jail, but was not given copies. The arresting officer had taken my knife out of my pocket and placed it in my purse (he confirms this), when I received my purse back my knife was missing.
I went directly to the municipal court to find out what to do and retrieve my dog. I was told the judge was only there on Tuesdays and that I would get a letter. On the court's web site it states that I have to appear with my citation, receive a fine agreement and plea form, and then see the judge 10 days after the offense. I then went to get my truck (without proof of ownership), the tow operator had also searched my vehicle and said he found my wallet. We went to the car, he told me it was under the seat, and I couldn't find it, he then reached under and up at an odd angle and produced it.
I do feel I was acting irresponsibly, but had taken the initiative to remove myself from the situation by having the car towed home. I am an upstanding citizen, with years of State service and no prior record. I have trained/gone to school/assisted the officers, mayor, and other city officials of that small town many times in the past. (I also helped to write many of the ordinances that the Municipal Judge enforces.) So my questions are:
My lawyer wants to get the case moved to the county seat. What court would a municipal court case get transferred to? J.P., County Judge?
Would this be a good idea? Does the city have a conflict of interest in my case or is it possible they'll be nicer to me?
I realize my plea options, but only a plea of not guilty will get this removed correct?
I was not mirandized, can a next-day conversation with the arresting officer (to report the theft) and other officers be used against me? (I didn't admit to anything or discuss the incident other than the found wallet, how the theft might have occurred, and I apologized to the arresting officer for causing him trouble because he is my friend.)
Previous to this incident, I believe I had the hard-earned respect of the entire city management. Now I am embarrassed and humiliated. If I have this moved to another court, can I call on the Mayor and County officials to be character witnesses? What about officials from other counties? Would that even help?What is the name of your state (only U.S. law)?
Thank you.
I went out the other night with friends. We went to an establishment in a small town of about 1500 people. I had a few (3) beers over at least two hours. When I got home I realized my computer and items from my purse were missing. I was upset, I threw my dog in my vehicle and went back to the establishment 20 miles away as they were still open. I went in and searched everywhere I had been, frantic. When the management was little help, I left and feeling flippant, decided to drive though the ditch to leave. I got stuck in the barrow ditch. I realized that I was to upset to continue further and went back in to ask the manager to call me a tow truck to tow me, the dog, and the truck home. He called the local police, who then arrested me for PI. I repeatedly asked to call a family member to come pick up my truck and my dog but was denied. I was cooperative with the officers but upset that I had been a victim of theft. The officers searched my vehicle and did not find my wallet (which I also thought had been taken.)
After the night in jail, I was released on a $500 deposit bond. I asked at the jail what I was supposed to do. I had not been given a citation or copies of anything other than the bond receipt and the vehicle "items removed/inventoried" list. I signed papers at the jail, but was not given copies. The arresting officer had taken my knife out of my pocket and placed it in my purse (he confirms this), when I received my purse back my knife was missing.
I went directly to the municipal court to find out what to do and retrieve my dog. I was told the judge was only there on Tuesdays and that I would get a letter. On the court's web site it states that I have to appear with my citation, receive a fine agreement and plea form, and then see the judge 10 days after the offense. I then went to get my truck (without proof of ownership), the tow operator had also searched my vehicle and said he found my wallet. We went to the car, he told me it was under the seat, and I couldn't find it, he then reached under and up at an odd angle and produced it.
I do feel I was acting irresponsibly, but had taken the initiative to remove myself from the situation by having the car towed home. I am an upstanding citizen, with years of State service and no prior record. I have trained/gone to school/assisted the officers, mayor, and other city officials of that small town many times in the past. (I also helped to write many of the ordinances that the Municipal Judge enforces.) So my questions are:
My lawyer wants to get the case moved to the county seat. What court would a municipal court case get transferred to? J.P., County Judge?
Would this be a good idea? Does the city have a conflict of interest in my case or is it possible they'll be nicer to me?
I realize my plea options, but only a plea of not guilty will get this removed correct?
I was not mirandized, can a next-day conversation with the arresting officer (to report the theft) and other officers be used against me? (I didn't admit to anything or discuss the incident other than the found wallet, how the theft might have occurred, and I apologized to the arresting officer for causing him trouble because he is my friend.)
Previous to this incident, I believe I had the hard-earned respect of the entire city management. Now I am embarrassed and humiliated. If I have this moved to another court, can I call on the Mayor and County officials to be character witnesses? What about officials from other counties? Would that even help?What is the name of your state (only U.S. law)?
Thank you.
