Accused of a Crime

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Hello Hyperspeed,

Unless I am terribly mistaken a person can be charged with criminal trespass without any evidence of "breaking and entering." The "B and E" would be a separate charge. A person who purposely hides inside a store till after closing in order to rob the place does not break in, but they are still guilty or criminal trespass. Please do not get the idea that I am accusing you of anything other than getting stuck in a very bad place not of your own choosing, but to be found in a place after it has been closed is by definition trespass.

I too am not a lawyer and would never presume to pretend to be one, but you need that surveillance video. Every store has them at the customer service windows and the checkout lanes. At least in my state, insurance companies require stores to have constant video in order to get insurance. But you also need to get a lawyer, preferably one who will work on a contingency fee based upon how much you get from the store chain for defamation of character and failure to insure that a known customer had left the building before they closed it down.

If you don't get exonerated and the BATFE goes ballistic and gets on our case again, you might never fly another rocket.

Good luck.

Brad the, "yes I became a pastor too, just like my dad" "Rocket Rev.," Wilson
 
I believe the FOIA only applies when dealing with State or Federal governments. But I could be wrong

Respectfully, you are incorrect sir...

Early last year, I was at an indoor gun range. A young lady decided to dispatch herself while I was there. Once the RSO's at said range knew there was an incident, rather than encouraging all patrons to make their weapons safe, they encouraged us to keep shooting. When I confronted the owner over the phone the next morning of their piss poor handling of the situation, he pretended the incident never happened! I wanted to know the substance of the police investigation, so I filed a FOIA request online and had the answers I was looking for about a month later once the detectives completed their investigation/interviews etc. I have only filed one FOIA request, and that was for a specific reason...

I agree that the OP needs proper legal representation as well.

FOIA - 1.JPG FOIA - 2.JPG
 
I'll be honest, your story is bizarre. However if this is your story and you're sticking to it, relax. If you can afford it, by all means, immediately hire private counsel. If not, don't sweat it. You don't need to do anything until you see the DA because:

Based on your version of the facts, the DA will drop this case. You will never see a judge. Congratulations!

However if the DA does pursue the case, let us know.

Oh, and next time you are the subject of an investigation, do not, I repeat, DO NOT talk to law enforcement. That means nothing comes out of your mouth. Period. Not even air. Pull your finger out of it and breathe through your nose. Pretend you are a mime. Smile and wave. That's all. Don 't even let them hear you speak to a third party, or someone on your phone, or your mother. Nothing. Natta. Zip. Don't even let someone else speak on your behalf (good job, your father is now a prosecutorial witness) unless it is your defense attorney.

Sincerely,

A guy with some court room experience.



I agree with this, if the DA does his job correctly, checking out security recordings, and talking to the girls, the case should be dismissed.
 
Respectfully, you are incorrect sir...

Early last year, I was at an indoor gun range. A young lady decided to dispatch herself while I was there. Once the RSO's at said range knew there was an incident, rather than encouraging all patrons to make their weapons safe, they encouraged us to keep shooting. When I confronted the owner over the phone the next morning of their piss poor handling of the situation, he pretended the incident never happened! I wanted to know the substance of the police investigation, so I filed a FOIA request online and had the answers I was looking for about a month later once the detectives completed their investigation/interviews etc. I have only filed one FOIA request, and that was for a specific reason...

I agree that the OP needs proper legal representation as well.

View attachment 310214 View attachment 310215

Your FOIA request obtained public records that were part of the case, not records directly from the range.


Steve Shannon
 
Your FOIA request obtained public records that were part of the case, not records directly from the range.

Steve,

Please read what I wrote... "I wanted to know the substance of the police investigation"... I was not seeking the range's recollection of the facts. I was seeking the resulting investigation of the detectives, and that is exactly what I got... ;)

Believe me, the rest of the 30+ page PDF I was sent clearly explained all of the detail I was seeking. This was a hell of a lot more detail than I would have received from the ass hats that run the range in question.
 
Steve,

Please read what I wrote... "I wanted to know the substance of the police investigation"... I was not seeking the range's recollection of the facts. I was seeking the resulting investigation of the detectives, and that is exactly what I got... ;)

Believe me, the rest of the 30+ page PDF I was sent clearly explained all of the detail I was seeking. This was a hell of a lot more detail than I would have received from the ass hats that run the range in question.

You're missing the point. The OP needs to obtain whatever the store has. That's potentially evidence, not public record. FOIAs don't discover evidence; they merely allow a party to obtain the public records after they have been collected. A FOIA request cannot be used to compel a private firm to relinquish its records. That's what a subpoena is for.
In your case the FOIA revealed all that detail because it was already discovered and entered into the public record.


Steve Shannon
 
Steve,

I understand your point as well. My point is that any information obtained from a FOIA request will be more info than OP currently has today. I'm simply encouraging the OP to gather as much info as possible on his own behalf.
 
Steve,

I understand your point as well. My point is that any information obtained from a FOIA request will be more info than OP currently has today. I'm simply encouraging the OP to gather as much info as possible on his own behalf.

As a defendant he doesn't need a FOIA request to see what has already been collected as evidence. It's his right.
https://www.nolo.com/legal-encyclopedia/what-when-the-prosecution-must-disclose.html
A FOIA request is for completely different purposes, takes much longer, and only reveals things that are part of the public record. If the OP thinks there is information which would prevent the prosecution from proving his guilt, he needs to get it entered into evidence as soon as possible.
He needs an attorney as soon as possible. It appears he's in Illinois.


Steve Shannon
 
As a defendant he doesn't need a FOIA request to see what has already been collected as evidence. It's his right.
https://www.nolo.com/legal-encyclopedia/what-when-the-prosecution-must-disclose.html
A FOIA request is for completely different purposes, takes much longer, and only reveals things that are part of the public record. If the OP thinks there is information which would prevent the prosecution from proving his guilt, he needs to get it entered into evidence as soon as possible.
He needs an attorney as soon as possible. It appears he's in Illinois.


Steve Shannon

If the OP reads nothing else, get a lawyer now. I'd be surprised if the video footage is saved for more than a week, so if it hasn't been collected, the request needs to be made very soon. If the cops didn't request it, then the store has every right to delete it if your lawyer doesn't ask for it. Also, it wouldn't reach the public record (reachable by FOIA) until after the police investigation is closed. That is certainly after charges are issued in a case, and maybe after the trial. In the gun range case noted above, the case would probably have been closed pretty quickly, assuming it was a pretty obvious suicide.
 
From a person who has had quite a few police "interactions",

You should have NEVER talked to the officers in the first place, You should have kept your mouth SHUT.

the police think everyone is guilty of something, they get a bonus if they make over a certain amount of arrests (at least in my city)

plea deals are your friend

and finally- a court appointed attorney (supposedly free right?) not free any more, mine cost me $100, not as much as a private attorney, BUT STILL MONEY

oh, and if you do end up in jail, the whole "don't drop the soap" jab is now irrelevant, nationwide jails use liquid soap (ask me how i know)
 
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I don't believe in that don't talk to the police crap if you are innocent. If you get caught knowingly doing something wrong, different story.
 
This is why I love the guts out of fellow rocketeers, er, fellow HPR launch community members at TRF! What do I mean, Yesterday a bit after posting, I saw view but no reply yet. I thought, shoot, they probably all think I am lying or something. Then I come in tonight, and you guys are already to page #2 with replies, and very meaningful replies, too. So, thank you all, I felt very lost, and now reading your replies is comforting I must say.

Well anyways, gasp, I may have gave into intimidation. Court was earlier today. I have to be honest, I screwed up before I even made it into the courtroom. This is going to take another load of words (I like being descriptive at times such as these). So I will probablt be typing for a half hour. I do need to get check my night vision scope outside right now, and clean up my AR-15 a bit since it got wet, but I can't wait to finish that and get back in here so I can further the details of today in court. Hang tight, please! I will be back shortly in a couple hours with some more explanation of the appearance I made.

:wink:
 
This is why I love the guts out of fellow rocketeers, er, fellow HPR launch community members at TRF! What do I mean, Yesterday a bit after posting, I saw view but no reply yet. I thought, shoot, they probably all think I am lying or something. Then I come in tonight, and you guys are already to page #2 with replies, and very meaningful replies, too. So, thank you all, I felt very lost, and now reading your replies is comforting I must say.

Well anyways, gasp, I may have gave into intimidation. Court was earlier today. I have to be honest, I screwed up before I even made it into the courtroom. This is going to take another load of words (I like being descriptive at times such as these). So I will probablt be typing for a half hour.

:wink:

Just a word of caution... Lawyers like looking at social media, first they'd check out your FB page (should you have one), then perhaps find you're into rockets... A search here/there, and comments like yours above could hurt you in a legal setting... Even if you are only joking. BTW, I edited out the part I'd have left out if it were me.
 
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Just a word of caution... Lawyers like looking at social media, first they'd check out your FB page (should you have one), then perhaps find you're into rockets... A search here/there, and comments like yours above could hurt you in a legal setting... Even if you are only joking. BTW, I edited out the part I'd have left out if it were me.

I agree. Until this is cleared up, clam up. And delete ANYTHING on any website that could be used against you in any way.
 
I suggest to get a lawyer quickly. $1200 is very cheap compared to the cost of no counsel will end up costing you.
 
I already saved this thread with it's current content and comments already.
I agree. Until this is cleared up, clam up. And delete ANYTHING on any website that could be used against you in any way.
 
And to help those who "felt weird" about my post, I was referring to this comment below. It's that easy for the prosecution to see this thread or other forms of social media.

As stated earlier, I work in the law enforcement/criminal justice field. Social media is nearly used on every case being prosecuted by authorities.


I agree. Until this is cleared up, clam up. And delete ANYTHING on any website that could be used against you in any way.
 
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I already saved this thread with it's current content and comments already.

I did too; I took screenshots though since I don't know how to save a thread. Can you show me?


EDIT:
I guess sarcasm/joking is hard to interpret being typed. I should have used an emoji face to help my previous post to ensure there would be no confusion.

You were joking?
 
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As for cops there to protect and serve, heh heh, well that is nice when you have a police and community that thinks that way. Most cops are there just to see things in black and white, not to think. There is a good reason for this. After all, you want the law to be applied equally, right?

No. While the court is the main place judgement is made, any good cop also needs to make them as well.
 
Did you try contacting the CEO of Fleet Farm? I'd explain the situation to them and what you plan to do if the charges are not dropped, since their negligence caused this.

.
 
escobar,lucas,jung,capone, nicky barnes, were well dressed men diving nice vehicles.
N.J. police issued a warning about well dressed burglars in luxury vehicles a few years ago.

https://www.cbsnews.com/news/wyckoff-nj-police-warn-of-well-dressed-burglars/

tampa police similar

https://www.wtsp.com/news/crime/police-looking-for-south-tampa-burglar/238980496

actually, quite a few articles about it from all over the nation.

I understand ADD and medication as I also have ADD.
but that doesn't mean I should be treated any differently by law enforcement any more than because of what I wear or drive,especially when they are answering a silent alarm on a store im locked in.

the day you need to call 911 for police assistance,you will change your opinion about being around police.

i personally believe that with an atty you will be fine. there are resources for free/low cost attorneys. seems if a countersuit if filed, that would draw an atty in as they would make bank.
 
I STRONGLY recommend that you retain an attorney. I am a practicing attorney in NJ but I don't do criminal defense anymore. Like doctors, there are many sub-specialties for attorneys. Get one that does criminal law. Couple of questions: did the police ever read you your Miranda rights and if so, when? Anything that you say to the police is evidence and can and will be used against you. Where were you questioned? handcuffed and in the back of the squad car? Were you given Miranda rights before they put you in the car or did they Miranda you at the station? What I am getting at is some of these statements may get excluded if given before you were advised you have the right to remain silent. I won't profess to know anything of Illinois law. In NJ there are different levels of courts starting with municipal court and then Superior court. If you are being charged with criminal trespass that might very well be a felony offense. You are absolutely entitled to the video tapes from the establishment. That is called discovery. you are also entitled to the police reports that were made after talking to you. Your attorney is most likely going to want to talk to the two sales people that you mentioned...they may be potential witnesses on your behalf depending on what they remember . If you have a court date coming up make sure you get an attorney and he will put that date off so that he can prepare your defense.

I don't mean this in a harsh way at all but this is serious stuff (another term comes to mind) and DO NOT try to play attorney on your part and DO NOT go into court assuming you will "talk this away". You probably won't. You have been given a court date so the ball is in your court....if you walk in without representation you will be in a very bad spot because the court is going to move its docket. Now all of that said, the burden of proof is on the state....they have to prove every requirement to convict you. This is where all that stuff you read about the presumption of innocence etc becomes real...very real. Once you are charged with a crime this is no longer a joke and it is no longer a misunderstanding. You may very well have been charged with a felony. (I don't know what the exact charges are against you) You may very well be looking at jail time here ...You have the right to remain silent and you have the right to retain counsel...please, if at all possible, get a good lawyer and I wish you luck.
 
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Just to clear up some possible confusion. The term "Freedom of Information Act" generally refers to the Federal government's FOIA. The Federal FOIA does not extend to state and local governments. But, some states have enacted similar legislation (that they they might also call the "FOIA.") Illinois is one such state and the letter rfjustin posted specifically refers to the "ICLS" which is the collection of Illinois's state laws. Here in Florida we have the "Open Meetings" and "Sunshine" laws which are similar to the FOIA.

-- Roger
 
[video=youtube;CmPQ7zOKdmQ]https://www.youtube.com/watch?v=CmPQ7zOKdmQ[/video]
 
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