[JudyKayTee]

Yeah, when I first posted this I didn't see the "Criminal Law" section. So, anyone who has the power, you may move this thread if you see fit!!

I've never been arrested before so any and all input is welcome, not just necessarily advice strictly related to my charge. Input on the court process, what to do/say..... ANYTHING, is more than welcome and APPRECIATED!!!!!

Don't know that I have the power - but let's see if I can try.

[tickle]

Hi pass, don't take any post on here as 'being called a liar', it is just some people trying to solve the problem. By saying 'you think you are being called a liar' is sending the wrong message to me at least.

Tick

[JudyKayTee]

hi pass, dont take any post on here as 'being called a liar', it is just some people trying to solve the problem. By saying 'you think you are being called a liar' is sending the wrong message to me at least.

tick

I can't speak for OP but I don't think he meant it that way - you know this so I don't even know why I'm saying it when an OP is upset in the first place and gets anything that might even remotely "smack" of criticism or questioning, people tend to over react.

I do think the place for this is on the criminal board - and that doesn't mean the answers will be any different.

In fact, I don't even understand the "crime" boards when it's already covered on the legal boards.

[passmeby]

tickle... perhaps I did overreact, but I felt strongly the tone of that particular post inferred I was hiding info or lying by omission. When I started this thread, I felt I gave the necessary info in order to get the answer to my question. So I didn't go in depth with the whole boring story, all I wanted to know was about the FACT that I was charged with said crime and what to do about it/what it means basically. Other than that, there's really nothing else to say. To be basically accused (and I've had about enough accussin' this week! ) of lying by omission, especially when for one thing, if that particular poster had read the thread more thoroughly, at least three quarters of his/her questions would've been answered, and for another thing, none of it even mattered or gave an ounce of help. And said poster hasn't and probably didn't even intend to, give any help either. Sorry, it just got under my skin.

[passmeby]

Hello. I have a misdemeanor charge against me, arrested in mid-April with a court date in mid-August. I am currently out on bail. The charge is "Posession of a Firearm While Intoxicated", and carries a potential fine of $50-$500 and/or 10 days to 6 months in jail. Why do I want to represent myself? Because I called around to lawyers and they want a minimum of $750 to take the case (which is their standard rate for a misdemeanor case). What sense does it make to pay a lawyer MORE than the max fine? The way I see it, I could end up paying the lawyer the $750 and STILL end up owing a fine...

Here's a little more background: I have NEVER been arrested before. I am 31 years old and the only police contact I have ever had in my life is 3 minor traffic tickets, 2 of which are from the 1990's. I am innocent of the charges against me, as I was NOT intoxicated when arrested by ANY stretch. I was NOT given ANY form of a sobriety test, field or chemical, at any point. The police are basing the accusation of intoxication on a open beer can (yes, ONE open can, practically still full) that was near me-although there was 2 other people present. I DO NOT drink beer! EVER! It was not my beer.

I was 100% cooperative with the officers. I did not resist, I did not argue with them at all. I answered all their questions politely and completely, even though I didn't have to say a word to them. I was not read or otherwise informed of my rights, but at the time I was so overwhelmed with what was happening that I did not realize this.

I was with the officers at the station, handcuffed, for quite a long time before I was formally told of my charge... approximately 2-3 hours. I was then taken to jail, and by this time it was very late (well, more like early, early morning), put in a cell with another woman, I was quiet and cooperative with all jail personnel at all times. The woman helped me make a phone call to my husband and then to a bail-bondsman. I got to see the judge sometime quite late that afternoon, I was handcuffed and chained at the waist. My friggin pants fell down on the way to the courtroom, and I was walking as the only female in front of several males on our way to the courtroom. The judge set my bail at $1500, the bail bondsman was in the courtroom and he took me from there. He signed me out of jail and he was nice enough to drive me about 30 minutes to my car, which had been left at my place of employment. Luckily I happened to have my paycheck waiting for me at my work, and he was nice enough to accept it as payment for my bail, I just signed my check over to him.

Why were the police called in the first place? I was invited to go to a friends house after work. They called my work and invited me, and came to pick me up. I carry a pistol in my purse (registered, completely legal). About 15 minutes after getting to my friends house, I went to use the bathroom. I left my purse at my seat on the couch. I came back from the bathroom, moved my purse to sit back down and immediately noticed it was several pounds too light. Obviously, the gun was missing. I confronted the only 2 people present... the idiots denied everything. Well, I wasn't accepting that answer, so I proceeded to search the premises for my pistol. I found it rather quickly. Now I was naturally upset and wanted to leave, but as I said, they had picked me up and my car was left at my work so I was waiting around for a ride back. As I am waiting, the person who had stolen the gun had vanished. Little did we know, he was hiding outside somewhere calling the police on ME... So what could have been a complete non-incident and a lesson learned turned into this. I should have called the police on HIM, but I'm the type of person who likes to deal with things in the simplest manner. So this guy would've been charged with a felony for stealing my gun, but instead I decided to deal with it "man to man" and move on, and he turned around and did this to me... needless to say, he is no longer a friend...

I think the police charged me with what they did because it was their only shot to try to stick me with something, as the gun was legal and all. We're talking about a REAL small town here, population in the hundreds, so the police got a bit over-excited I think and were dismayed that it wasn't the big bust they thought it may be.

Anyway, I was looking for some help in finding resources aimed at self-representation, and any help people can offer regarding courtroom procedure. I have never been in criminal court before, so I have no clue as to the proceedings, how/when to speak for myself and even how to dress.

Also, I am wondering how and where to obtain a copy of my background so I can show that I have never been in trouble before.

Please don't tell me I should reconsider and get a lawyer, that is NOT what I am asking here. My mind is made up, I am not paying the money for a lawyer, period. I just want help with what I asked in this post. I have done searches to find self-rep help and come up with a ton of useless information (mostly small-claims court info and lawyers sites), so this is why I am asking here.

Any help is appreciated. Thanks in advance.

[Perito]

If you're going to represent yourself, you need to focus on the facts of the case. What happened in the police station or in jail is absolutely, totally irrelevant, even though you didn't like it. That might be a totally separate case if you wanted to pursue it. If you bring those things up, you'll be thought of as a fool and you will probably be found guilty. Your feelings about the person who stole your gun or what you could have done to him are also irrelevant. You need to think impassionately about the facts and present them impassionately. You need to focus on why the police thought that you were intoxicated, and why they were wrong. You can bring up the lack of a sobriety test, but there are other tests for sobriety (how you act, staggering, etc) so be sure you didn't show any symptoms of intoxication. You can bring witnesses (make sure they're credible) as to your non-drinking status . If you weren't under the influence of anything they you'll probably be able to prove it.

As to the fact that you were overwhelmed, that's irrelevant. You can bring up the idea that you weren't advised of your rights and that if you had been advised, you would have kept silent.

Don't bring up why you think the police arrested you, or that it was a "non-incident". That's also irrelevant.

You can ask at the police station for a copy of your criminal record (or lack of such).

Dress like a normal person.

Disclaimer: I am not and don't pretend to be a lawyer. This is not legal advice.

[passmeby]

Thanks for the tips. I understand what you're saying about sticking to the facts of the case, the sole reason I put the ENTIRE story in the original post is because I have asked several questions here before and have learned that I would end up answering/being asked numerous inane questions regarding the circumstances of the case so I put it all in the OP to avoid this.

Can anyone help with familiarizing me with courtroom procedure? As in, when I approach the judge, will I be expected to speak first, or does the prosecution present their case first? Can I interject or object to statements or do I wait and then respond when it is my turn? Do I submit any paperwork or a form of an answer to the court BEFORE the trial or does it all come out at the trial?

How often do people represent themselves in a similar situation to mine? I would assume that many people simply can't afford to hire a lawyer...

[passmeby]

Oh, also, who will be present (or be expected to appear) to testify against me? Just the arresting officers or does the person who reported me have to show up too? If the officers are basing any of their arguments on what the person who reported me said, could I make the argument that that person be present to testify?

[JudyKayTee]

This post should be combined with the old post for background - https://www.askmehelpdesk.com/crimin...-332373-3.html.

Appears to be same charge/same case.

[passmeby]

Yeah, it's the same charge. But I don't think it should be combined, because at that point I was talking with a lawyer and have since changed my mind and decided to go it alone. Plus it just says the same crap that I already said in this question, except now I'm looking for a totally different answer and to combine it would just be clutter and make it harder for me to get answers that I need.