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I recently backed up into a car slightly. I didn't think anything of it so I left. The police arrested me but did not read me my rights and they still handcuffed me and took me to jail. My insurance has lapsed but I know it was my fault. Also, these other people I think are trying to claim they were hurt but I barely hit them. No damage to my vehicle and I'm sure very little to theirs. Can I sue the police department for false imprisonment for not reading me my rights?
No you can't sue the Police. The police can hold you as long as they have a reasonable belief you committed the crime (which was clearly the case here).Quote:
Originally Posted by mullrx
It would be different though if it was Private Investigator or a Mall Security Guard.
The fact that they didn't read you your rights is a possible way to suppress certain evidence against you at your trial, if there is one.
Quote:
Originally Posted by mullrx
First, you have been watching way too much TV, the police do not have to read anyone any rights to arrest them. They would read you your rights if they questioned you ( if they don't, they just can't use the answers in court against you, it does not make the arerst incorrect) So no sueing the police for doing their job. In this case they did not need to read you your rights, since the most likely did not need to ask you anything, they already had all the evidence they needed against you. If the investigator questions you latter he will read you your rights ( they actually have you sign a paper on your rights, not really read them to you)
You will be charged if not already, leaving the scene of an accident, no insurance and most likely a traffic charge ( improper backing? )
And how at the scene did you know there was no damage to your car if you did not stop and check?
There is a responsibility to stop at any accident and to be sure there is no property or personal injury.
And of course they are now claiming they are hurt, you hit their car and left the scene, the judge will believe anything they say now.
Ok, you will go to court and be found guilty, get an attorney and work out a plea agreement ( if you want to keep your drivers licence) Expect a large fine, community service and a SR22 insurance filing ( they will have to see you have and keep insurance to keep driving ( that filing is expensive also) And this is most likely only if you have an attorney.
Without an attorney I would say you will lose your drivers license for a time plus a large fine.
But now these are only my guess from what I saw happen in traffic courts over the years. No two cases are the same.
Now you will have the civil case to worry about also. Most likely your attorney will try to plead the traffic case so that the charges will be plead out as NOLO pleas, so they can't be used against you in civil court.
The people you hit will most likely file with their insurance and have them pay for the vechile damage and also receive medical payments.
The insurance company in turn will sue you for damages plus court and attorney fees.
So basically in laymans terms they have you big time and I hope you have pleanty of money this one is going to cost you big time.
No job, no money. Hey, can't suck blood out of a turnip. And as for the SR-22 insurance, I don't live in Illinois. I live in Indiana. My license is neither suspended nor revoked or anything.
Not yest, but once you go to court for not having insurance, that is where they will most liekly suspend or revolk the licence. Just a guess but I have never seen one without an attorney not be suspended.
And at this point, they can't get anything from you, but that is another issue, they will fine you, if you don't pay, they will do one of two things
(hold you in contempt) or normaly place you on probation. If you don't pay you will be in violatoin of probation. Not paying the court ordered fines ( when you finally get to court on this) can end you up in jail.
So better find that job.
On the civil case, the worst that can happen is a judgement and they garnish 25 percent of your pay when you do get a job
Hello mullrx:Quote:
Originally Posted by mullrx
Can't suck blood out of a turnip, huh? Want to bet? The Padre is absolutely correctomundo. First you've got to deal with a prosecutor who wants to put your innocent butt in jail. But, they might take money instead. You probably need a lawyer, but he's going to want money. No (in answer to your next question), you are not entitled to a free lawyer unless you are charged with a felony. In your county they may give you an overburdened unqualified lawyer who can't get business on his own. That'll do you some good.
Then you're going to have to deal with the civil case. I know, you ain't got squat. They'll get a judgment that can be renewed every 10 years forever. Meaning, that if you EVER have a job, bank account, car, credit card or any asset, they'll take it.
So, unless you want to become an outlaw and go underground (over a stupid hit and run), then you better start paying attention to who you're dealing with. They have big hammers, and you're the nail. I can’t help but notice that your initial premise here, is that you’ve been victimized. Hah! You ain’t seen nothing yet.
excon
Correct in more ways than msot people know excon.
As you know I used to testify as an expert witness in traffic investigations.
I have seen young person after young person come into court ( watching way too much law and order I guess) walk into court thinking that it is just a wreck or just a traffic ticket.
One a real "expert" forgot to use dads money to buy a lawyer, he came in trying to tell the judge he had to do this or that, he got 3 days in jail before the judge would even hear his case, and the boy still came back in and almost got in contempt in court when he came back in.
The prosectuors office many times don't look for truth they look to convict.
They will ask the witness only those questions that make the event look a lot worst. And with a crime like leaving the scene of the accident it does not matter why you did it, (short of going to get help and bringing them back) you left, that is all they have to prove. As far as no insurance, they don't even have to prove that, you would have to prove you had insurance ( one of the crimes in america you are considered guilty until you prove you are not)
And yes, this is the type of case where thee poor people who were hurt in the accident will be shown as victims of an uncaring person, who left because they did not have insurance. They will create you into a monster for the court. It plays good toward showing how the prosecutor is protecting the public. Make it an electrion year and let it build up double
You can not sue them for not reading you your rights. You backed into a car, the damage you say was minimal, at that time you should have dealt with the problem rather than avoiding it and you may have not been in this mess in the first place. Now your best is to get a lawyer and hope for the best. My husband back into some one, we simply asked her to get two estimate from places she liked, had her car fixed there and we went in an paid the bill out of our pocket, rather than submitting it to the insurance company, which would have made our rates go up at the time.
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