Obstuction of government administration NEW YORK (NASSUA)

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Latest post 10-17-2014 6:36 PM by DPH. 11 replies.
  • 10-10-2014 5:22 PM

    • jmb87
      Consumer
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    • Joined on 10-10-2014
    • NY
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    Obstuction of government administration NEW YORK (NASSUA)

    Last week I had the worst night of my life.  I have never before been arrested. I was leaving a bar and walking to the train station basically accross the street from it when I heard a man and woman arguing at the station.  After a minute or so they got into their cars and left.  I was buying my ticket when I was approached by two officers and asked if I knew anything about a disturbance.  I told them I saw part of an argument.  They surrounded me and asked me for ID.  I asked why? I was drunk nervous and didnt really know what was going on.  Next thing I know i'm slammed up against a wall.  They take out my wallet rip out my id.  One guy goes back to the car to run the ID while the other guy holds me at the wall and askes me questions like "Do you know any members of ISIS"? And other ridiculous questions.  I remained silent.  And this guy just doesnt stop.  His partner comes back and says "hes clean".  Then the other guy goes off on spoiled child this not answering my questions. 

    The guy who ran my ID says maybe my partners just having a bad night or something.  I wasnt sure if he was playing good cop or was serious.  Cop#1 says NO hes going downtown.  They arrest me and charge me with obstruction of gov't administration (Class A misd) and public intoxication.  Spend the night in jail, go before a judge the next morning who litterally laughed while reading the complaint.  The "people" said we have no objection to ROR and the judge set a trail date while almost laughing.  He was handing out bail and being very serious to everyone who went before me so I hope it was a good sign.  My queston is how serious is this for being a first offense.  I'm 26 and have not had so much as a speeding ticket before.  I have a good job and am engaged with a family on the way.  I honestly don't know what the ***heck is wrong with nassau county police.

  • 10-10-2014 6:29 PM In reply to

    Re: Obstuction of government administration NEW YORK (NASSUA)

    jmb87:
    They surrounded me and asked me for ID.  I asked why? I was drunk nervous and didnt really know what was going on. 

    That's a good reason to quit drinking. Booze makes you stupid. The last thing in the world you do is mouth off to a cop.

    jmb87:
    I honestly don't know what the ***heck is wrong with nassau county police.

    Whatever you think or feel about the incident I suspect that the cops will be able to articulate a good reason for what they did to you and the courts will back them up.

    This is some serious s--t that booze got you into and it's going to take spending some money on an attorney to get you out from under it.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 10-10-2014 7:14 PM In reply to

    • jmb87
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    • Joined on 10-10-2014
    • NY
    • Posts 5

    Re: Obstuction of government administration NEW YORK (NASSUA)

    Are you a cop or something?  How is asking why considered refusing to give an ID or obstructing?  I consulted an attorney an he said to expect an ACOD in the worst case scenario.  I was trying to HELP them with what they were investigating.  When CAN you question a cop?  They obstructed me from heading home.  I have a right to respectfully ask why.  The judge literally laughed at the complaint so I doubt he's going to back them up.  Then again cops can and will do anything they want on the street and won't hesitate to lie about it later.

  • 10-10-2014 7:32 PM In reply to

    • Drew
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    • Joined on 03-30-2000
    • PA
    • Posts 49,497

    Re: Obstuction of government administration NEW YORK (NASSUA)

    When it comes to trial --the cops may have a very clean credible story about how bad you were ..and unless you are old hat at  these kinds of trials you will suceed to talk yourself into problems .

    I think you would be a lot smarter to engage criminal defense counsel  and follow his or her instructions. 

    An ACOD may be a NY holy grail akin to a free pass--(ARD in my state)  but they are NOT automatic and the ones Ive read about always seem to have defendant represented by counsel 



  • 10-10-2014 8:39 PM In reply to

    Re: Obstuction of government administration NEW YORK (NASSUA)

    jmb87:
    Are you a cop or something?

    No, but I have a healthy respect for them.

    jmb87:
    How is asking why considered refusing to give an ID or obstructing?  I consulted an attorney an he said to expect an ACOD in the worst case scenario.  I was trying to HELP them with what they were investigating.  When CAN you question a cop?  They obstructed me from heading home.  I have a right to respectfully ask why.

    You were drunk. Your perception of what happened is hardly credible.

    jmb87:
    The judge literally laughed at the complaint so I doubt he's going to back them up. 

    He is not likely to be the judge at your trial.

    jmb87:
    Then again cops can and will do anything they want on the street and won't hesitate to lie about it later.

    I hope you didn't display that kind of attitude during the encounter. Oh, yeah, you were drunk, you probably don't know if you did or didn't.

    I wonder if you were video taped.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 10-11-2014 7:19 AM In reply to

    • jmb87
      Consumer
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    • Joined on 10-10-2014
    • NY
    • Posts 5

    Re: Obstuction of government administration NEW YORK (NASSUA)

    The fact is if i hadn't encountered them I would've been home on my merry way.  I've never committed an offense in my life and they knew that.  If I was video taped anything I said in an intoxicated state is not admissible as evidence. I am going to hire an attorney.  AND HOPE TO NEVER RUN INTO ANOTHER COP AGAIN. 

  • 10-11-2014 7:21 AM In reply to

    • jmb87
      Consumer
    • Not Ranked
    • Joined on 10-10-2014
    • NY
    • Posts 5

    Re: Obstuction of government administration NEW YORK (NASSUA)

    Drew:

    When it comes to trial --the cops may have a very clean credible story about how bad you were ..and unless you are old hat at  these kinds of trials you will suceed to talk yourself into problems .

    I think you would be a lot smarter to engage criminal defense counsel  and follow his or her instructions. 

    An ACOD may be a NY holy grail akin to a free pass--(ARD in my state)  but they are NOT automatic and the ones Ive read about always seem to have defendant represented by counsel 

    I am going to get counsel.  I've looked up an old ada from that court.  Will keep posted with outcome trail date is not until 11/14.

  • 10-13-2014 12:37 PM In reply to

    Re: Obstuction of government administration NEW YORK (NASSUA)

    "Are you a cop or something?"

    Unfortunately, the people on this forum tend to defend police misbehavior. I would suggest that you hire a good criminal-defense attorney (to get yourself acquitted of the criminal charges) and a good civil-lawsuit attorney (to sue the police). Police in New York State have been successfully sued for misconduct plenty of times.

     

  • 10-13-2014 12:40 PM In reply to

    Re: Obstuction of government administration NEW YORK (NASSUA)

    "Booze makes you stupid."

    Is that what the cops were drinking when they asked the OP about his connections to ISIS? Yeah, that question makes the cops look very intelligent.

    "Whatever you think or feel about the incident I suspect that the cops will be able to articulate a good reason for what they did to you and the courts will back them up."

    Yeah, I'm sure that Jack Bauer told the cops that the OP was involved in ISIS. LOL

    You know, Adjuster Jack, after all these years, you're still as funny as h e l l.

     

     

  • 10-14-2014 7:13 AM In reply to

    • DPH
      Consumer
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    • Joined on 10-08-2001
    • TX
    • Posts 7,541

    Re: Obstuction of government administration NEW YORK (NASSUA)

    jmb87:
    I've never committed an offense in my life and they knew that.

    How exactly did they know that you were as pure as new fallen snow?

    jmb87:
    If I was video taped anything I said in an intoxicated state is not admissible as evidence.

    And you know this to be a fact, why?

    jmb87:
    I am going to hire an attorney

    Excellent choice.

     

     

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • 10-17-2014 4:19 PM In reply to

    • jmb87
      Consumer
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    • Joined on 10-10-2014
    • NY
    • Posts 5

    Re: Obstuction of government administration NEW YORK (NASSUA)

    They ran my ID - after taking it from me illegally.  I asked for an attorney must've been at least a dozen times.  I "refused" because according to them if i didn't know his exact number I couldn't call him.  He seems to think differently. 

  • 10-17-2014 6:36 PM In reply to

    • DPH
      Consumer
    • Top 10 Contributor
    • Joined on 10-08-2001
    • TX
    • Posts 7,541

    Re: Obstuction of government administration NEW YORK (NASSUA)

    jmb87:
    after taking it from me illegally.

    Did they ask for it and you refused to produce it or some other scenario? 

    jmb87:
    I asked for an attorney must've been at least a dozen times.

    Did you ask the officers while they were detaining you, wherever this incident happened?  If so, that isn't going to fly in the field.  If you want to call your attorney, you will get a chance later. 

    jmb87:
    I "refused" because according to them if i didn't know his exact number I couldn't call him.

    You refused or they refused to allow you to call?  Or do you mean you refused to submit to FSTs?  Not clear.

     

     

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

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