Ask Me Help Desk - Police arrested an innocent man because of long criminal history.

Before I ask my question please read what situation that had happened to give you a better idea of what's going on. There was an incident that had occurred @ my resident. There was a snowmobile that was cruising in my backyard and someone called the police. The police arrived and asked me if it was my boyfriend and I said "no". Now my boyfriend has a long criminal past and he's on conditions right now not to asscociate with me until the conditions are revoked. Now having said that the police assumed it was my boyfriend there @ my house with a stolen skidoo and it wasn't. I was standing outside on my step when the cops came and the person on the skidoo drove right between them & fled. They said it was my boyfriend and wanted a statement from me. I said "no". The officer started to swear @ me stating that I'm lying and trying 2 protect him and therefore they said they will arrest me. They left eventually and then I got a call stating from one of his friends that my boyfriend was arrested for a stolen skidoo, 2 breach of probation theft under $5000 and an abstruct of police officer and dangerous driving. His friend stated to me that my boyfriend was @ the house all night and he had broken his wrist from falling that day and hadn't sought medical help because he couldn't find a ride to the hospital. The police arrived @ the house and arrested my boyfriend and he told them that his wrist might be broken and needs medical help. The officer stated if he was to admit to the crimes then they will take him to the hospital. He then lied and said he did all those crimes just 2 seek medical help. While in the hospital he had surgery on his wrist and had pins put in it because it was broken. There were 2 guards having 2 watch over him for 4 days and one of the guards assaulted my boyfriend in there. It was reported to the nurses and documented. My question to you is he is pleading "not guilty" and I was wondering seeing that he admitted to doing something he didn't do, can he still be convicted? There is no evidence or statements of anything, so it's just their word against ours. Please let me know what you think.:(

1. First if he has a long record he knows better than to confess, at booking the jail will not accept an injured person if they need medical treatment, so he would have gotten treatment.
a. next if he had been really worried about getting medical treatment he would have before he got arrested, and the officers realised this also
b. officers are allowed to lie to you to try and get you to confess, so there is no problem lying to your boyfried to get a confession

He confessed and his confession will be used in court if he does not get an attorney who can get a judge to throw it out.

If he had not confessed they would have had to prove he stole it, by linking him to it, with his confession on record yes he could be convicted.

And his assult could be officer controlling the subject, so that has nothing to do with his being convicted or not, it only means if an officer will receive any dicipline or not for the action.

Thanks for your reply. He has a bail hearing coming this Friday and has obtained an out of town lawyer, so any tips on what he could say to help his case? If he's convicted how much time will he get. He was just released on Jan/18 of this month and doesn't want to go back there.

I'm sorry, but this is so tangled I just can't accept it on the surface. I'm wondering did the cops not see the face of the person who drove "right between them"? Did that not find the clothes the rider was wearing when they arrested your boyfriend? What are you doing with this loser anyway?

Without seeing ALL the evidence the police have, I'm not going to venture a guess about his chances.

Well, the thing is, is that I saw the person myself and it wasn't my boyfriend. This guy had facial hair and my boyfriend doesn't. The cops have it in for him because he has been a criminal for the past 9yrs and is trying 2 get his life on track after having our son 11mths ago. I will be there on Friday 2 let the bail court know that it wasn't him.

Quote:

Originally Posted by moi

...He then lied and said he did all those crimes just 2 seek medical help.

He obviously put up with the pain while he had no ride to the hospital, why suddenly break down once the police arrive?

I'm sorry, but if I were in his shoes, and trying to recover from a bad past, the LAST thing I would do is use a guilty plea to get a ride to the hospital...

This story just doesn't add up.

I know. This situation is very difficult to understand. He was trying to get a ride to the hospital once the alcohol wore off. He broke it when he fell when he was drunk and then after the booze started to wear off the pain started to get to him. This is a guy that usually takes pain very well, but when he was cuffed it hurted him. He has been stabbed 3 times in the head and stabbed himself in the chest. He's had a very bad past and the cops don't like him. He has always been ignorant to officers all of his life and that's what the cops remember. They don't c that he's trying to turn over a new leaf for his and our families sake. He doesn't want to be away any longer in his sons life and trying 2 do the right thing. But him being arrested still under the influence of alcohol, whatever he did admit to shouldn't of been taken seriously. I just don't know what's going to happen to him because he said he did it, but didn't.

Quote:

Originally Posted by moi

There is no evidence or statements of anything, so it's just their word against ours.

Hello moi:

Uhhhh, not really... It's his word against his, and they're going to believe him. He's toast.

excon

How long do u figure he would get if convicted excon?

Hello again, moi:

I don't know.

excon

Please forgive me if I sound rude, but I have to say this!

If he was trying to turn over a new leaf for his family, why was he so drunk he broke his wrist and couldn't feel the pain?

As you said, he has a criminal past for over 9 years. He has been stabbed in the head 3 times, and stabbed himself in the chest. Just think of all the things he probably didn’t get caught doing.

Everyone deserves a second chance, but how many chances has he had? If he cares about you and your son, he would give up any alcohol, drugs and criminal behavior. Considering his past, he shouldn’t even get caught without a seatbelt.

I would find another boyfriend!

Yes, I agree with you john. He needs 2 smarten up 4 sure. I just hope it'll be soon before he's in there for years and can't c his son developing.

Quote:

Originally Posted by moi

Before I ask my question please read what situation that had happened to give you a better idea of whats going on. There was an incident that had occurred @ my resident. There was a snowmobile that was cruising in my backyard and someone called the police. The police arrived and asked me if it was my boyfriend and I said "no". Now my bf has a long criminal past and he's on conditions right now not to asscociate with me until the conditions are revoked. Now having said that the police assumed it was my bf there @ my house with a stolen skidoo and it wasn't. I was standing outside on my step when the cops came and the person on the skidoo drove right between them & fled. They said it was my bf and wanted a statement from me. I said "no". The officer started to swear @ me stating that i'm lying and trying 2 protect him and therefore they said they will arrest me. They left eventually and then I got a call stating from one of his friends that my bf was arrested for a stolen skidoo, 2 breach of probation theft under $5000 and an abstruct of police officer and dangerous driving. His friend stated to me that my bf was @ the house all night and he had broken his wrist from falling that day and hadn't seeked medical help because he couldn't find a ride to the hospital. The police arrived @ the house and arrested my bf and he told them that his wrist might be broken and needs medical help. The officer stated if he was to admit to the crimes then they will take him to the hospital. He then lied and said he did all those crimes just 2 seek medical help. while in the hospital he had surgery on his wrist and had pins put in it because it was broken. There were 2 guards having 2 watch over him for 4 days and one of the guards assaulted my bf in there. It was reported to the nurses and documented. My question to you is he is pleading "not guilty" and I was wondering seeing that he admitted to doing something he didn't do, can he still be convicted? There is no evidence or statements of anything, so it's just their word against ours. Please let me know what you think.:(

First of all your boyfriend should hae nevered confess to police just to seek medical attention,he confessed to the crime there for those if statements were recorded it can hurt him in court,but from what you are saying there are no statements,etc,then no the police can not use that confession in court unless your boyfriend signed a statement,or witnesess are involved.sorry I answerd 2 years later,but please reply to me as to what ever happen,I am studying to become a paralegal so there for your reply can help me help others as well.thank you