I got arrested for calling a cop an a-hole.

[beddo]

I take it you're from the US. You are not required to give your ID to an officer if you are going about your business.

As for swearing, well firstly, don't swear at the police. You do have first amendment rights that you could challenge this on.

Where you actually charged with the offence?

The ID thing is usually a State law, it depends on where you're at. My State law dictates that if you are over 16 (15?) you have to carry a state ID.

That's not Constitutional though. You're covered under privacy and right not to be hassled by the government.

Not that this would stop the state from enforcing it.

 

[Daveman]

And being a wise ass while he was talking to me and asking for an ID.

Charged with disorderly conduct.
I co-operated completely during the arrest. Gave him my information (albeit in a smart ass way).

I can beat this in court right?

Nope, my friend called SOME OTHER GUY a prick when there was a policeman there and he got arrested for being drunk and disorderly and an £80 fine. He apologised immediately, fully cooperated and that's still what he got. Just give up and don't be stupid again.

I can'tbelieve you're actuallygoing to court over this though, what a waste of money for everyone involved.

 

[photog212]

There is a reason being an asshole is not illegal. Because it falls under: DEFENDING YOURSELF. Sure the OP took it to an "extreme". But if you say that disrespect is a crime you no longer have the ability to legally defend yourself. Therefore the police can just lock up whoever the hell they want. No more court, no more judge, no more jury, no more rights, no more freedom. Just a good old fashioned police state.

 

[inpachi]

Its just like saying your a terrorist in front of any law enforcing individual.. They can you lock you up just because they can.. The laws in this country are so confusing.. They say freedom of speech but when you say something they don't like they put you in jail or fine you some absurd amount.. So much for a free country..

 

[beddo]

Where you actually charged with the offence?

Yeah. I got a piece of Paper with "The State of New jersey Vs. My Name" and a court date.

When you were arrested were you given proper counsel? Was a lawyer present when your statement was taken?

Definitely get legal counsel, this can be costly though, especially in the US.

From what I've been reading it's not illegal to mouth off at a police officer in the US. What I would recommend is that you do your own research and find cases where the same charges were defeated in court.

I get annoyed with shit like this in the US. you shouldn't have to fight it, this 'cop' should have the decency to enforce and abide by the Constitution as he took an oath to do so.

EDIT: It would seem that your actions needed to draw a crowd for this to be Disorderly Conduct in 'public'. If it wasn't in public then the case against has no substance to it.

In any case, the police need to stop wasting tax money on cases that should be handled with a simple discussion.

 

[photog212]

I take it you're from the US. You are not required to give your ID to an officer if you are going about your business.

As for swearing, well firstly, don't swear at the police. You do have first amendment rights that you could challenge this on.

Where you actually charged with the offence?

The ID thing is usually a State law, it depends on where you're at. My State law dictates that if you are over 16 (15?) you have to carry a state ID.

That's not Constitutional though. You're covered under privacy and right not to be hassled by the government.

Not that this would stop the state from enforcing it.

Those little seat belt check posts are unconstitutional too and red light cameras, and phone tapping, and Guantanamo, and many other things as well.

 

[BonsaiK]

And being a wise ass while he was talking to me and asking for an ID.

Charged with disorderly conduct.
I co-operated completely during the arrest. Gave him my information (albeit in a smart ass way).

I can beat this in court right?

Doubt it. Cops don't take kindly to this and there's all sorts of things they can do to mess with you. Always, always always be polite to police. A friend of mine copped a 15-month suspended jail term because he gave lip to a policewoman and she wrote it up as an assault charge.

When you go to court, be humble, be apologetic, be courteous. That's your only chance of getting off lightly.

 

[JIst00]

My best mate got fined for the exact same thing. Ish.

Night out, drink had been consumed in great quantities, one of the group approached the old-bill watching over the frivalities to have a conversation (not sure why, i wasnt there), the old-bill in question started being dicks to him, my mate told him so and called him a wanker (jerk to our US friends). Court date and later a fine. By the way this is England.

Best advice i can offer u, is, as u already have done, apologise, say it'll never happen again (doubt ur gonna be that stupid twice right?), accept the shit they give u and walk away.

good luck anyways dude.

 

[elvor0]

Pretty sure your bill of rights doesnt cover being a muppet.

Lets be honest here, you're going to court because YOU were being a douche, mouthing off to an officer is a pretty thick thing to do, what EXACTLY are you going to say in court; "I was being a crettin, but my ammendment rights say I can!"?

Yeah...no condolences from me, you're gonna look pretty silly in court.

 

[beddo]

Those little seat belt check posts are unconstitutional too and red light cameras, and phone tapping, and Guantanamo, and many other things as well.

Indeed. I'm often surprised at people who claim to love the US openly break the very ideas it was founded on.

If only there was some kind of system whose job it was to look at laws to be passed and decide if they are Constitutional.

Moreover, if only there were some kind of legal system that were set up to deal with breaches of the Constitution.

Sadly, there aren't.

 

[beddo]

And being a wise ass while he was talking to me and asking for an ID.

Charged with disorderly conduct.
I co-operated completely during the arrest. Gave him my information (albeit in a smart ass way).

I can beat this in court right?

Doubt it. Cops don't take kindly to this and there's all sorts of things they can do to mess with you. Always, always always be polite to police. A friend of mine copped a 15-month suspended jail term because he gave lip to a policewoman and she wrote it up as an assault charge (this is in Australia, too).

When you go to court, be humble, be apologetic, be courteous. That's your only chance of getting off lightly.

That's clearly oppression by the police. Your friend obviously didn't get sufficient legal protection. It's true that language can be deemed assault, the same is true in the UK but it has to be credible, a case like that would tend to fail in the UK.

 

[Super_Nintendo_Chalmers]

Could you go to jail for something like this?
Also, I think it's ridiculous that you're not allowed to be a smartass to a cop, they're no different to anyone else.

 

[photog212]

Those little seat belt check posts are unconstitutional too and red light cameras, and phone tapping, and Guantanamo, and many other things as well.

Indeed. I'm often surprised at people who claim to love the US openly break the very ideas it was founded on.

If only there was some kind of system whose job it was to look at laws to be passed and decide if they are Constitutional.

Moreover, if only there were some kind of legal system that were set up to deal with breaches of the Constitution.

Sadly, there aren't.

I think the ACLU comes close.

 

[Tiny116]

The cameras point forward. I was more behind the car the entire time.
He was a erk to me but thats not illegal.
I don't care. He shouldn't either.

I think you'll find they have Mics too.

It's like an ant against a magnifying glass. Granted it's a bit drastic but if the Cop did nothing wrong then you're not going to win.

I'm probably going to represent myself for the fun of it.
its a petty offence so I won't lose much if I lose

This Will just make you look like a cocky Kid and make the Police look even more in the right.

Just plead guilty, and say you didn't intend to cause so much trouble. Basically butter up the judge into believing that you really are sorry then he or she will go easier on you.

EDIT: Just read one of your other posts, yes you have a right to defend yourself and fight the charge, just be careful how you do it, and don't lie. So if you are going to plead not guilty then admit to calling the Cop an Asshole but deny being aggressive etc (If you wern't agressive) Trust me telling the truth always give the best outcome. A lesson I learned from my trouble making days.

 

[beddo]

My best mate got fined for the exact same thing. Ish.

Night out, drink had been consumed in great quantities, one of the group approached the old-bill watching over the frivalities to have a conversation (not sure why, i wasnt there), the old-bill in question started being dicks to him, my mate told him so and called him a wanker (jerk to our US friends). Court date and later a fine. By the way this is England.

Best advice i can offer u, is, as u already have done, apologise, say it'll never happen again (doubt ur gonna be that stupid twice right?), accept the shit they give u and walk away.

good luck anyways dude.

This is because Labour have created almost 4000 new offences since coming to power. Their anti-social 'crimes' are a fucking joke. They just allow police to go on power trips and actually follow through with summary judgements.

 

[beddo]

Pretty sure your bill of rights doesnt cover being a muppet.

Lets be honest here, you're going to court because YOU were being a douche, mouthing off to an officer is a pretty thick thing to do, what EXACTLY are you going to say in court; "I was being a crettin, but my ammendment rights say I can!"?

Yeah...no condolences from me, you're gonna look pretty silly in court.

Well yes, they do! The bill of rights ensure freedom of expression which includes absolute freedom of speech.

Of course the legal system has adapted to shut down this right in many ways.

Why shouldn't he mouth off to an officer? What was this officer doing harassing him in the first place? Just going on a power trip.

Fuck him, fuck the police they're all a bunch of corrupt cunts with no intention of actually upholding the law or serving the public.

I hope you experience the full oppressive force of your wet dream police state.

 

[FretfulGnome]

It doesn't matter if you think it's fair or not, unfortunately life isn't fair. You don't go around insulting police no matter how much they deserve it, this is something everyone seems to understand but you. Learn to swallow your pride and just be polite next time.

 

[beddo]

Those little seat belt check posts are unconstitutional too and red light cameras, and phone tapping, and Guantanamo, and many other things as well.

Indeed. I'm often surprised at people who claim to love the US openly break the very ideas it was founded on.

If only there was some kind of system whose job it was to look at laws to be passed and decide if they are Constitutional.

Moreover, if only there were some kind of legal system that were set up to deal with breaches of the Constitution.

Sadly, there aren't.

I think the ACLU comes close.

If that were true they wouldn't still be able to hold people in Gitmo, tap your phone, arbitrarily stop protests and enforce the (Anti-)Patriot Act.

 

[beddo]

It doesn't matter if you think it's fair or not, unfortunately life isn't fair. You don't go around insulting police no matter how much they deserve it, this is something everyone seems to understand but you. Learn to swallow your pride and just be polite next time.

Why should he!? Let me guess the Jews should have have just lined up because they were told to. Hiding was after all an offence.

If you don't fight the system you will end up in a shitty police state.