kevellis32

Here's the deal...
Does a police officer have to show you evidence against you before you sign a ticket?

Chrisreyn

quick answer......NO...

A citation is a complaint, that is all, there is no requirement for the officer to "prove his case" against you before issuing a citation. that is what the courts are for....

kevellis32

And to go along with that, they want me to come in to write a statement. Do I have to do that or can they just mail me the ticket?

DG527

Are you giving a statement as a victim, witness, or a suspect???

Was it a traffic citation or criminal citation?

If you are willing to provide a few more details, I'll try and provide you better info.

Chrisreyn

What is this in reference to? a traffic accident? if so, yes, by law you are required to provide a statement, the type of which varies from state to state( some state permit verbal statements, others require a written one). If its a criminal matter, i would suggest you talk to an attorney and see what he/she advises.....

kevellis32

Yea its a minor criminal issue that happened about three weeks ago, and he just called me to come in to write a statement and he will decide from there whether or not to write a ticket.

Chrisreyn

OK, this isnt somethign that I think anyone here can really give you good advise about, if you are the suspect of a criminal proccedings, the best thing you can do is talk with an attorney about your situation and options.

As a general rule, an officer investigating an offense, will ask for a voluntary statement from a suspect after advising him of his miranda rights. the key word there for the suspect is VOLUNTARY, you are not required to incriminate yourself or admit guilt. If you are merely a witness however and NOT the suspect, a statement CAN be required, dependant on the circumstances and you potentially could be charged for failing to provide one. ( obstruction).

Its really up to you to decide how you are gonna handle something like this.. if you did something wrong and know it, probably the best thing is to stand up and deal with it, at least thats my opinion.. and if its a minor offense, you will probably find that the officer, prosecutors office and most judges I have dealt with in the past are appreciative of the guy who admits he made a mistake and accepts the consequences rather than having an officer tied up, an attorney tied up and a trial set for a minor offense and lets them get on with dealing with more serious matters.....

DG527

I'm hesitant to provide any legal advice other than to consult an attorney.

I will tell you, honesty does go along way with us. Ultimately, you'll need to decide the best way to handle this situation.

kevellis32

I have always considered my self a rather honest person, BUT, my one problem here with being honest with someone is that I expect honesty in return and I have caught this officer in multiple lies already when he has has questioned me on the phone to try and get me to admit something (is there something illegal about that?). I have asked for a different officer to talk to me but I guess that is against procedure.

Chrisreyn

Kev, the bottom line is, you need advise that is compitant( sp?) in your states laws and is specific to your situation.... talk to an attorney, we cant help ya.....sorry....

L.E.O

As you can see in my screen name on what I do, best thing to do right now is get a attorney. IT would be bad for us to give any legal advise. Be honest and keep calm. Also think before speaking.

Ground Shaker

Im along with what everyone said, an attorney is always the best way to go. We had a narcotics bust in which we were fired upon and i did not return fire do to the position in which I was in. The local state police said I put other officers in harms way because I did not return fire. Even my superiors got me an attorney just to make sure we did not mess up in the verbal accounts we gave. As they have said, get an attorney. Many cops will twist what you say to get to where they want to go (no that anyone on here has or hasn't, not the point) but to keep your butt safe, its a good decision.

rogerL1961

when you sign a criminal ticket. On the bottom near your signature it will say something like....Without admitting guilt I promise to appear.

In some states if you don't sign the ticket and if they have probable cause to arrest you (they have to have that for the ticket also) you will be booked into jail.

In some cases when they are offering to issue you a citation they are being nice because they could book you for that offense.

In most states you can not be written a ticket for felonies only misdemeanors.

Once you sign a ticket you must appear. If you fail to appear you will receive an additional charge of F.T.A.

Remember that under Miranda you have the right to remain silent. The Law enforcement officer does not have to read you your rights until there is Custody and Interrogation. So what you say may be held against you even when your rights are not read to you. The written statement can also be used against you in a court of Law.

Law Enforcement officers can be tricky and lie to you and it is not a crime. For you to Lie back is a crime. If they threaten you, promise you or coerce you into a statement or confession than it most likely would or could be thrown out.



I agree with all the other comments in this post. This is not legal advice.

Generally an officer has to have probable cause to arrest you or write you the ticket....In the court the standard changes to: beyond reasonable doubt. That is up to the Jury and or judge to determine.

Attorneys are expensive and i have seen them not appear to have the persons best interest in mind but the persons money in mind.

Depending on what state you live, you can receive a ticket for Criminal violations, criminal traffic violations, city ordinances and even Federal violations. Each and every violation has a maximum and minimum penalty. Depending on your prior history these can go up or down. For example in the state of Arizona your third violation of dui becomes a felony if it happens within a certain time.

good luck.

Lary Ellis (Top)

OK Son.....now you got me and your mother worried about you again.....

kevellis32

Well ain't that a bunch of ....

Oh well...I'll let you know how it goes...don't worry about me pop's, im sure everything will be fine.