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legal advice needed.
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d4nth3m4n
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Dec 16, 2004, 09:07 PM
 
ok, so i was at work today and a detective walked in asking for me. i met him and he gave me his card and the case number but would not tell me the details of the case.

i called, asked about the case, said what my name was and there was a pause and then i was told that the woman on the other end of the phone "did not have the case in front of her."

i later found out that the detective had dropped my house both yesterday and today. today he talked to my sister and was told that i was working (not at the pizza place, home of the "creeper" i posted about in october) but at a sub shop that just opened up. he specifically asked about me working at the pizza place/bar.

i asked around here at the pizza place and was told that nobody had asked about me in the least.

to top it all off, i was in the emergency room until 5am last night, i found out a friend of mine was pregnant (NOT mine) and i am subbing for a guy who broke his foot.

i'm looking at another 14 hour day tomorrow, but i told the cop i could drop by in the morn before work.

what i need to know is-

do i have to show up at the station?

if they do not have a warrant for me, do i have to even talk to them?

can i refuse to "talk" to them if they don't tell me what they want to "talk" to me about?

i need a lawyer, like fast, but i have nearly no money and don't know what to do.

oh, and i have NO idea what this could be about. besides working at a bar, a couple of parking tickets and knowing the creeper, i'm straight as an arrow, nothing illegal.
( Last edited by d4nth3m4n; Dec 16, 2004 at 09:18 PM. )
     
spiky_dog
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Dec 16, 2004, 09:10 PM
 
     
d4nth3m4n  (op)
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Dec 16, 2004, 09:33 PM
 
thanks for that.

but i don't really have the time or the brainpower to sift through that site right now.

my questions were pretty specific. anyone?
     
Disgruntled Head of C-3PO
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Dec 16, 2004, 09:34 PM
 
Hey, you called them, they have no info on what it is even about, ignore it till they come find you.
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Ganesha
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Dec 16, 2004, 09:38 PM
 
You always have the right to refuse to answer question.

What are you so paranoid about?
     
d4nth3m4n  (op)
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Dec 16, 2004, 09:46 PM
 
Originally posted by Ganesha:
You always have the right to refuse to answer question.

What are you so paranoid about?
i work with some SHADY characters. i feel i should be allowed to know what they want to talk to me about. not to mention that i don't have the time to meet with the guy tomorrow. i have to work at 11.

i don't have anything to hide, but i don't feel like being given the run around if i don't need to. maybe it's just me not liking cops. especially after seeing how they handled the creeper case.
     
Disgruntled Head of C-3PO
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Dec 16, 2004, 09:48 PM
 
Originally posted by Ganesha:
What are you so paranoid about?
You wouldn't be if the cops were looking for you?
"Curse my metal body, I wasn't fast enough!"
     
ambush
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Dec 16, 2004, 09:51 PM
 
You say what you know -- nothing else.

That is unless you have something to hide. In which case I'd advise you to spill the beans.

Good luck.
     
FulcrumPilot
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Dec 16, 2004, 09:52 PM
 
can you charge them for your time?
_,.
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d4nth3m4n  (op)
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Dec 16, 2004, 09:53 PM
 
Originally posted by FulcrumPilot:
can you charge them for your time?
     
Mithras
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Dec 16, 2004, 10:22 PM
 
It seems plausible that this is about the creeper case, especially if they mentioned the pizza place. [speculation] could the creeper have mentioned you to them, either just to be snarky, or as retribution for some perceived slight? [/speculation]

In any case,
1. Print out a BustCard, courtesy of your own New York Civil Liberties Union, and make a quick study of it before you chat with the cops.
2. Briefly, if you're not guilty of anything, you don't have much do worry about. But as they say:
* make sure you write down the name and badge numbers of the officers that speak to you

* anything you say can be used against you
* you don't have to consent to a search of yourself, your car, or your house. (unless they have a warrant)
* if you DO agree to a search, it can affect your rights later

3. and if they do arrest you for any reason, do not say anything without a lawyer; don't tell them anything further other than your name and address.


Probably they'll be pretty nice folks and maybe you can even help them out a little, so hopefully it should go well.
     
Mithras
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Dec 16, 2004, 10:35 PM
 
Just to try to tackle your questions. I'm not a lawyer and not even much of follower of rights and police rules, but let's try to tackle these:

Originally posted by d4nth3m4n:
do i have to show up at the station?
if they do not have a warrant for me, do i have to even talk to them?
No. Unless they have arrested you, obtained a warrant, or somenoe has subpoened you, you are not required to talk to them.
can i refuse to "talk" to them if they don't tell me what they want to "talk" to me about?
Yes. And even if you agree to go down to the station, you WILL have the right to stop answering questions and walk away at ANY time. (unless they place you under arrest, at which point you still DO NOT have to answer any questions, and DO have the right to a lawyer)[/b][/quote]

oh, and i have NO idea what this could be about. besides working at a bar, a couple of parking tickets and knowing the creeper, i'm straight as an arrow, nothing illegal.
Just don't get flustered. Remember, you are innocent, you are not required to talk to them, and you can leave at any time.

Especially if someone has made accusations or insinuations, or if they police just decide they don't entirely believe you, they can try to corner you, put you on the defensive, or make you feel like you have to talk. Don't be misled, keep your little BustCard with you, and do write down their names and badge numbers.

But again, aside from taking some of your time, hopefully it will be a positive experience, and maybe you can help them out a little, if they just have some more questions about the creeper or whatever. Good luck.

Let us know how it goes, eh?
( Last edited by Mithras; Dec 16, 2004 at 10:46 PM. )
     
ThinkInsane
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Dec 16, 2004, 11:14 PM
 
Best thing to do is call the detective and tell him that you will be unable to make your appointment with him. Try and reschedule or ask him to come to you. It's not uncommon to question someone without telling them why they are being questioned. If they are looking at someone else, they will try and get as much info from you as they can, without giving anything out. This is so you can't tell whoever they are investigating what is going on. You have a right to not answer questions, but keep in mind that if you refuse, that may well change the tone of your relationship with the detective for the worse. Ask him point blank if you are in some kind of trouble. More often than not they will be upfront with you about that, even if they still won't disclose what is going on. If you are in trouble, or the questions he asks you make it clear that you are the subject of the inquiry, the advice posted above is good advice. Ask for a lawyer. Insist on it. Once you ask, the questioning stops until a lawyer arrives. They might say stuff like "are you sure you won't reconsider giving us a statement". If you ask for a lawyer, don't say anything until he arrives. And this is only assuming that YOU are the subject of the investigation. You probably aren't or they would have been more forthcoming. But seriously, call him first thing in the morning and reschedule. The more cooperative you look, the better for you. These guys can and will make your life miserable if they think you are jerking their chain.
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d4nth3m4n  (op)
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Dec 16, 2004, 11:20 PM
 
Originally posted by ThinkInsane:
Best thing to do is call the detective and tell him that you will be unable to make your appointment with him. Try and reschedule or ask him to come to you. It's not uncommon to question someone without telling them why they are being questioned. If they are looking at someone else, they will try and get as much info from you as they can, without giving anything out. This is so you can't tell whoever they are investigating what is going on. You have a right to not answer questions, but keep in mind that if you refuse, that may well change the tone of your relationship with the detective for the worse. Ask him point blank if you are in some kind of trouble. More often than not they will be upfront with you about that, even if they still won't disclose what is going on. If you are in trouble, or the questions he asks you make it clear that you are the subject of the inquiry, the advice posted above is good advice. Ask for a lawyer. Insist on it. Once you ask, the questioning stops until a lawyer arrives. They might say stuff like "are you sure you won't reconsider giving us a statement". If you ask for a lawyer, don't say anything until he arrives. And this is only assuming that YOU are the subject of the investigation. You probably aren't or they would have been more forthcoming. But seriously, call him first thing in the morning and reschedule. The more cooperative you look, the better for you. These guys can and will make your life miserable if they think you are jerking their chain.
cool. thanks for the reply.

i'm going to call in the morning and tell the guy that i'm just too tired. i know for a fact that he works on saturdays. hopefully i can go in there on saturday morning.

i'm thinking i should get the gumshoe on the phone to tell him personally that i am just too tired because of this hell week i have been through and regrettably have to postpone. it's not like tomorrow is a slack day either- i'm double shifting from 11-11 (at least).

hell, i'm still at work now.

that's still nice and cooperative, right?
     
mitchell_pgh
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Dec 16, 2004, 11:23 PM
 
Call, leave a message saying you have to work... leave your number... don't worry about it.

You don't have to say anything... even when you are arrested. You may want to check out a local lawyer.
     
d4nth3m4n  (op)
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Dec 16, 2004, 11:27 PM
 
what is the story on me asking for a lawyer? i'm ten ways to barely making rent, so i can't really pay for one. am i appointed one at this level of the investigation?

sorry, i'm asking so many questions, but the last 24 hours have really turned me inside out.
     
Mithras
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Dec 16, 2004, 11:35 PM
 
Originally posted by d4nth3m4n:
what is the story on me asking for a lawyer? i'm ten ways to barely making rent, so i can't really pay for one. am i appointed one at this level of the investigation?
You only have the right to a lawyer if you've been put under arrest, i.e. taken into police custody.
I think mitchell's advice is good. Just be be friendly, tell the guy (honestly) that you're working to hard to fit it in tomorrow, but that you'll be happy to help out. I'm sure it will be pretty painless. But when you do go in, make a note of who you're talking to, and don't be afraid to leave or stop talking at any time.
     
ThinkInsane
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Dec 16, 2004, 11:37 PM
 
Originally posted by d4nth3m4n:
what is the story on me asking for a lawyer? i'm ten ways to barely making rent, so i can't really pay for one. am i appointed one at this level of the investigation?

sorry, i'm asking so many questions, but the last 24 hours have really turned me inside out.
Just ask. Tell them that you don't have a lawyer, but if you were going to be charged you'd like one. And tell them that you are a broke-ass college kid and can't afford one. I'm not sure if Tompkins County has a Public Defenders office or not. If they do, that's what you'd get. If you�re lucky, and they don't, you will get assigned a local defense attorney that will be paid by the county for representing you. Most times this works to your advantage because you have a chance to get a better lawyer than the first year legal graduates that tend to populate PD offices. Not to say there aren't great Public Defenders out there, but they seem to be few and far between. And I still think that from what you described, this isn't about you. Didn't I just read that the collegetown creeper blew off his arraignment recently? It may just be about that weirdo.
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d4nth3m4n  (op)
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Dec 16, 2004, 11:44 PM
 
Originally posted by ThinkInsane:
Just ask. Tell them that you don't have a lawyer, but if you were going to be charged you'd like one. And tell them that you are a broke-ass college kid and can't afford one. I'm not sure if Tompkins County has a Public Defenders office or not. If they do, that's what you'd get. If you�re lucky, and they don't, you will get assigned a local defense attorney that will be paid by the county for representing you. Most times this works to your advantage because you have a chance to get a better lawyer than the first year legal graduates that tend to populate PD offices. Not to say there aren't great Public Defenders out there, but they seem to be few and far between. And I still think that from what you described, this isn't about you. Didn't I just read that the collegetown creeper blew off his arraignment recently? It may just be about that weirdo.
yup, he skipped town. but of all the people here at work, i am the ONLY one to be approached.

not even the owners

all i can figure is that i was pulled over the other night, told the guy i work at the nines, and where i live. maybe i showed up on their radar. i dunno.
     
ThinkInsane
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Dec 16, 2004, 11:48 PM
 
Originally posted by d4nth3m4n:
yup, he skipped town. but of all the people here at work, i am the ONLY one to be approached.

not even the owners

all i can figure is that i was pulled over the other night, told the guy i work at the nines, and where i live. maybe i showed up on their radar. i dunno.
Well, I just PM'd ya, but it sounds like they are building the case to take to the grand jury. You might be the first to be questioned, but you probably won�t be the last. And your boy Abe may have mentioned you by name as a potential alibi.
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d4nth3m4n  (op)
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Dec 16, 2004, 11:52 PM
 
though i addressed it in PM, abe was nothing but a co worker. nada, never gave him a ride anywhere, never saw him anywhere but here when he worked.

you all might be onto something there, i am about as responsible as this kitchen gets.

the rest have some issues and tastes that i do not share.
     
rozwado1
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Dec 16, 2004, 11:54 PM
 
You may be able ot get a free lawyer through school. At MSU we had a student group that got us groups of free lawyers from around town/in school. Ask around.

Don't tell the cops anything you don't want them to know. If you don't like where the questioning is going, just tell them you would like ot leave, then take off.
     
d4nth3m4n  (op)
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Dec 17, 2004, 02:01 AM
 
gameplan-

call tomorrow and say that i'm too tired to deal with good cop/bad cop bullshit. (100% true)

then go in on saturday, rested and be up for anything. if needed, i have $1k cash to bail my ass out, but i have no idea what they would have on me. i have a bit of a guilty conscience, what can i say? too many unpaid parking tickets.
     
ThinkInsane
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Dec 17, 2004, 02:20 AM
 
Originally posted by d4nth3m4n:
gameplan-

call tomorrow and say that i'm too tired to deal with good cop/bad cop bullshit. (100% true)

then go in on saturday, rested and be up for anything. if needed, i have $1k cash to bail my ass out, but i have no idea what they would have on me. i have a bit of a guilty conscience, what can i say? too many unpaid parking tickets.
Try to sound polite, cordial, and respectful. And helpful. Don't use the word ********. Offer the opportunity for him to come see you on your break. The more helpful you look, the better you look.

If it was a scoff law thing like parking tickets, a uniform would have shown up and just arrested you. And it takes a lot of tickets for that to happen. They just suspend your license for crap like that.
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d4nth3m4n  (op)
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Dec 17, 2004, 02:23 AM
 
Originally posted by ThinkInsane:
Try to sound polite, cordial, and respectful. And helpful. Don't use the word ********. Offer the opportunity for him to come see you on your break. The more helpful you look, the better you look.

If it was a scoff law thing like parking tickets, a uniform would have shown up and just arrested you. And it takes a lot of tickets for that to happen. They just suspend your license for crap like that.
this guy was not in uniform. he carried a serious bacon smell (apologies TI) and was in a rather dapper trench with the scarf and the whole nine.

details tomorrow.

keep them fingers crossed.
     
ambush
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Dec 17, 2004, 02:24 AM
 
well update us ASAP....

and hide the drug.
     
Randman
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Dec 17, 2004, 02:26 AM
 
A detective wouldn't go to your place just for tickets, a uniformed officer would (and if they went, it would be with a warrant).

I'm still confused. You say you have nothing to hide, but you talk about hiring a lawyer and posting bail?

Hanging out with shady people isn't illegal even if it's not always the smartest thing.

Why doesn't the officer just speak with you on the telephone?

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d4nth3m4n  (op)
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Dec 17, 2004, 02:27 AM
 
Originally posted by ambush:
well update us ASAP....

and hide the drug.
no drug. off to sleep like a baby. i earned it. to think that i could have ended today all happy about being the nice guy with the sprained wrist until 5 am in the ER nonsense and the abortion counseling thing, but no, this had to happen. today.
     
d4nth3m4n  (op)
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Dec 17, 2004, 03:04 AM
 
Originally posted by Randman:
A detective wouldn't go to your place just for tickets, a uniformed officer would (and if they went, it would be with a warrant).
yeah, i don't know what to make of that either, but i have a strong feeling that this is creeper related.

I'm still confused. You say you have nothing to hide, but you talk about hiring a lawyer and posting bail?
you just never know, i'd rather be prepared before i rely on them to make the right decision. i can't miss work because of this. (i still have my doubts about their selection of creepers, who's to say that i can't fall prey to the same crap. all i do know is that my family is well known in the local community and we have an excellent lawyer.)

Hanging out with shady people isn't illegal even if it's not always the smartest thing.
i don't even hang out with anyone from work. i work with them.

here is my latest epiphany- they are trying to get the creeper, they can't get into the payroll and records at the restaurant so they're jumping on anything they can get.

i WAS pulled over about a week ago and i told the officer that i worked at the restaurant in question and i lived where i live. there is nothing else to know that i live here. no bills. hell, my paychecks from the restaurant are addressed to my parents house here in the same town. and it has been made very evident that my folks know nothing (i talked to my dad twice today and he said NOTHING. believe me, had there been something he would have mentioned it.)

creeper boy skipped his arraignment and they're grabbing at straws.

Why doesn't the officer just speak with you on the telephone?
beats me. they have my number now, i called them today.
     
buffalolee
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Dec 17, 2004, 07:55 AM
 
Maybe it is a private investigator instead of a police.
     
Randman
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Dec 17, 2004, 07:58 AM
 
He gave him his card (read first post ). Be illegal to pose as an officer.
Likely, a detective is rattling the bushes to see if any rats scurry out. SOP for a case that's hanging.

OR ...

Maybe the cop just really "likes" our protagonist and doesn't know how to the broach the subject.

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mitchell_pgh
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Dec 17, 2004, 10:02 AM
 
having bail money in pocket is foolish. Make it accessible so your parents can get at it as you will not be able to bale yourself out.

My layer talk was so that you would get the phone number of (perhaps a university) cheap layer. Just having a name and number to call can put you at ease.

Good luck. From the sounds of it, they probably want to keep their options open. They may thing that the guy is hiding out at your place or that you may know where he is (or be able to point them in the right direction).
     
Lancer409
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Dec 17, 2004, 10:12 AM
 
Good Luck ... Hope its a

1) prank

or

2) someone else they're after.

No trees were killed in the sending of this message. However, a large number of electrons were terribly inconvenienced.
     
d4nth3m4n  (op)
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Dec 17, 2004, 11:10 AM
 
update-

slept like a baby till ten, just called and cancelled, off to work from 11-11.

left a message with my number. told him to call.

now i wait.


and i know the cash makes no difference whether i have it on me, what i meant to say is that i have it in my room and my housemate can get to it if need be.
     
dcolton
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Dec 17, 2004, 11:38 AM
 
I don't mean to sound like the negative one, but dude, you are either blowing this WAY out of proportion or you are in some deep ****. If it were about the 'creeper' case and the kat that jumped bail, the detective would have let you know, just to relax you if nothing more.

Do not cooperate unless he is cooperative with you, innocent or not.

Do not go meet him, make him come to you. It is a lot easier to be intimidated by an officer when you are at the station.

He will make you feel at ease, no matter what. Remember that! Do not be at ease unless you are 100% positive that you are not a suspect. Do not answer any questions unless you are 100% positive that you are not a suspect.
     
CMYKid
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Dec 18, 2004, 04:58 PM
 
update, hmm??
     
d4nth3m4n  (op)
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Dec 18, 2004, 05:13 PM
 
Originally posted by CMYKid:
update, hmm??
i was walking over there today, and as told, i called first and pushed one for "investigation" then it just rang, i think i let it ring like 15 times just to be sure.

they know my number and where to find me. i'm done with this. if they want me, they'll come to me. i don't owe them anything. screw it.

and i feel if i were wanted anything i've done is so miniscule and obviously me, that i would have been arrested already.

i worked a 57 hours week this week on top of staying up late for other reasons (ER being one of them) that i feel no shame canceling on him yesterday. next week is the same, and there is little chance that i'll be going in there before work in the mornings.

i'll call on monday and make it very clear that if they want to talk to me it will happen either over the phone or somewhere (like my apt) that is not the cop shop. i have NO interest in walking in there and being bullied. especially when they won't tell me what it's about. they know where to find me, my life is an open book and other than going to long island for three days for the holidays, i'm not going anywhere either. i'll tell them that if they have a warrant to call me and i'll be there asap to turn myself in. i don't need the embarrassment of being dragged out of a family gathering or work in cuffs.

question-

if i ask a cop over to my house to "talk" is me letting him in a one time deal, or is it thereafter open season for them to enter my house?

i just want to know what's up so i can be done with this.
     
euchomai
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Dec 18, 2004, 06:12 PM
 
Man, I've followed this story and now the ending sucks... It's absolutely anti-climatic, you need to go to jail or something. Well, maybe not go to jail, but someone needs to go to jail or get shot so this story ends exciting.

Maybe you could just post a picture of your wife again, dress her up too.
...
     
d4nth3m4n  (op)
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Dec 18, 2004, 06:23 PM
 
Originally posted by euchomai:
Man, I've followed this story and now the ending sucks... It's absolutely anti-climatic, you need to go to jail or something. Well, maybe not go to jail, but someone needs to go to jail or get shot so this story ends exciting.

Maybe you could just post a picture of your wife again, dress her up too.
wife? the Mrs. was just appeasement.

and i don't know how over this is, just that i'm waiting on them. i'm sure i'll end up talking to somebody before this is over.
     
mrtew
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Dec 18, 2004, 07:43 PM
 
I think you're making a big deal out of nothing. I'm sure they are just working on some case that they think you may know something about and want to ask you a few questions. As for your first questions at the top of the letter... you don't have to answer any questions whether or not they arrest you, you don't need a lawyer unless you think they are after you for something, and if you let them into your house they can't come back any time they want unless they have a search warrant, but it would be much easier for them to get one if they saw something while they were in there with your permission. I'd refuse to talk to them until they tell you what they want to talk to you about.

I love the U.S., but we need some time apart.
     
fireside
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Dec 18, 2004, 11:38 PM
 
so did the guy you worked with admit to being the creeper, or did the police have any evidence that he was the creeper, besides circumstantial (think thats the term)?
     
d4nth3m4n  (op)
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Dec 18, 2004, 11:41 PM
 
Originally posted by fireside:
so did the guy you worked with admit to being the creeper, or did the police have any evidence that he was the creeper, besides circumstantial (think thats the term)?
no he didn't admit to it (as i understand it). he did, however, admit to "several similar crimes" this little snippet was briefly mentioned in the press during the media frenzy that ensued once his name was released and spun to sound as if he had admitted outright to being the creeper.

his name was all over the news. hell, they can kill my name too, but i'll sue the asses off of those f*ckers and won't have to work another day in my life. i'm really not scared. hell, if nothing else i have the 'NN logs as evidence that i was home when many of the creepings happened.

bring it bitches.
     
fireside
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Dec 18, 2004, 11:46 PM
 
Originally posted by d4nth3m4n:
no he didn't admit to it (as i understand it). he did, however, admit to "several similar crimes" this little snippet was briefly mentioned in the press during the media frenzy that ensued once his name was released and spun to sound as if he had admitted outright to being the creeper.

his name was all over the news. hell, they can kill my name too, but i'll sue the asses off of those f*ckers and won't have to work another day in my life. i'm really not scared. hell, if nothing else i have the 'NN logs as evidence that i was home when many of the creepings happened.

bring it bitches.
so did the police charge him with being the creeper?
     
d4nth3m4n  (op)
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Dec 19, 2004, 12:10 AM
 
Originally posted by fireside:
so did the police charge him with being the creeper?
yeah, he was charged, slandered, the whole nine. i still don't believe it was 100% him, and i'm starting to believe that the police are starting to side with me on this one.

it was really looking like he was in for a settlement like richard jewel after the atlanta olympics, but no, he had to skip town. which is not shady at all.
     
   
 
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