Saturday, July 31, 2010

Please help, need legal advice........?

am 17, my friends and I were questioned by a sheriff regarding an incident. My parent was not present and i was read my rights and the sheriff tape recorded all of us talking to him. Officer was being rude and said he was going to arrest us if we hadnt talked to him. while we were talking, officer was raising his voice at me personally while i was trying to tell my part of story and i felt intimidated by him. So i went ahead and talked to him. In the state of arizona is it legal for a sherrif to talk to a minor without a guardian present? and is there bases to get my statement thrown out?





Lawyer isnt helping, shes just sitting on all of it. I am getting charged with Reckless driving and Reckless endangerment, because the other persons story was blown out of the water, they say she has proof of the whole thing, video and pics, but we arent being allowed to see any of it. do we have a right to see any of the evidence?








I didnt get pulled over, they showed up at my friends house 2 DAYS later. After the incident.Please help, need legal advice........?
Here's the harsh truth: the officer's attitude or manners have absolutely no bearing on your statement or confession. At 17, Arizona officers can question you without a parent or guardian present.





The officer advised you of your constitutional rights. Those rights include being allowed to not answer questions, to stop answering questions at any time, and to request that a lawyer be present for questioning. You waived your rights by making a statement and not asking the questioning to stop.





If the other person has video and pictures, your lawyer can get copies of them through discovery. If you are under the impression that your lawyer is not doing anything in regards to your case, meet with your lawyer and have her bring you up to date on what she's done so far, what she plans to do, and when you can view the video and pics that the police spoke of.





And it doesn't matter that you didn't get pulled over but were instead arrested a couple of days later. The crime didn't go away because you left the scene. Arizona has two ways of charging reckless driving (either by a combination of violations like cutting in and out of traffic, endangering others, etc or by speeding 20 mph over the speed limit or over) and it is a Class 2 misdemeanor that can lead to 90 days license suspension for first offense.





The reckless endangerment charge is much more serious. That stems from DUI


Aggravated assault


Excessive speeding


Passing in a no passing zone


Dangerous, aggressive tailgating


Dangerous weaving through traffic


Unlawfully passing a loading or unloading school bus


and can lead to a three year prison term, with additional license suspension.





From what you've said, there doesn't seem to be any basis for throwing your statement out, but the judge will decide that.





- StuartPlease help, need legal advice........?
You said you got a lawyer so why still asked for a legal advice? You should see the evidence of the other parties, this is part of your rights to defend your accusers. Your own lawyer should know this. If the court favor the other party then you can asked through your lawyer an appeal to the appellate court for a review of the case.





You can fire your lawyer if you think she or he is not doing much for your own case. Again this is also part of your rights to choose your own defender. Who said you can't fire her? You are paying for the lawyer therefore you have the right to choose whoever you think is good for your case.
I started to answer your question with some very sound advise but after reading your childish response in additional details perhaps you are guilty ..


My son is retarded by birth so I resent your '; retard'; word.. I have had many dealings with attorneys in my career but I think you need to be taught a lesson..Next time when someone answers your question don't be so flippant.. Good luck in court .. You will probably need it ..
Sorry to hear this, but welcome to the Police State.
Ask a lawyer.
Can you prove your innocence? Are you guilty of the charge?


If you are old enough to drive then you are old enough to be questioned by law enforcement without a parent present.





You were probably caught on video survelliance cameras located at Shopping malls, intersections, and along busy streets. They are everywhere. Even at ATMs and schools





If you didn't kill or maim anyone or animal then you can get off with a warning. If you ran a red light then it is a fine but if you knocked over granny and didn't stop then it is prison. If you hit another car or object and didn't stop or report the incident then you may lose your licence for 2 years.





The evidence will be shown in court and only then will you have a right to defend yourself.

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