I was locked up for 44 hours

The detective got involved because a complaint was made against him by his EX. The detective calls him into the Pct and arrests him on that charge. Because he has a Warrant he is ineligable for a DAT(Desk Appearnce Ticket). More than likely he was not eligable for a DAT anyway, due to the nature of the Initial Crime. Since the OP won't disclose the reason why his Ex made a Criminal Complaint against him, it's impossible to determine if the Offense was DATable. Nobody is arguing that the conditions of the Criminal Justice Bureau's holding cells aren't deplorable.

King without a crown wrote: 1 The retarded revival was arrested for a Crime, not for Riding His Bike on the sidewalk.
2. You have 2 options when receiving a Criminal Court Summons. Option #1 Go to court and plead Not Guilty. Option #2 Go to court plead Guilty and Pay a fine. If you don't respond, a warrant will be issued for your arrest
3. To avoid the lousy conditions of Jail/Prison/Holding Cells/Central Booking. DON"T GET ARRESTED!!!

Can someone please explain "the rules" to me? You can call someone a retard on this thread, but when you politely question the motives of another poster in another thread, you get a wag of the finger?

Are some posters off limits? Off their rockers? Out of bounds?

Why do i feel like I'm back in jr. high?

Subject: Re: I was locked up for 44 hours

if you paid the fine in 2005,there would not have been a problem. in the future pay the fine and you won't due the time

I think people are really losing sight of the fact that, if nothing else, we as TAXPAYERS are paying for someone to be bounced through the system like that for something so utterly stupid. Yeah, not paying a fine is illegal...but christ, ONE fine seems to be really trivial for two nights in jail.

bklyngirl718 wrote:

Can someone please explain "the rules" to me?

timely question:

the rules are BE NICE. this is not rocket science.

those of you who are getting out of hand on both sides of this issue, STOP IT.

and remember, if you feel that a thread is out of hand, please contact a mod. we all have other things going on, and as far as i know, none of us is omniscient.

Drunken Revival wrote: Hamilton, you make a really good point.

Wait no you don't. You must just like to see you name glistening in the glory that only the Brooklynian can deliver. Good day sir.

did you forget to take your meds today?

Hamilton wrote: [quote=Drunken Revival]Hamilton, you make a really good point.

. You must just like to see you name glistening in the glory that only the Brooklynian can deliver.

it's better then seeing it glistening on a police blotter.
take a nap and stop whining

This thread has pretty much blew it's load!!!

24 hours until they read you your rights?, then another 24 hours at central booking? That isn't true. The police never have to read you your rights, which tell you you have the right to remain silent and the right to a lawyer. Their failure to read you your rights only has an impact if they have taken a statement from you and intend to use it against you at trial. Many of my clients arrive at arraignments without being told their rights or even their charges against them (of course, smile, most of them do have a vague sense of why they were arrested). The 24 hour rule arises out of a lawsuit, and is the maximum the courts target for getting people from arrest to arraignment. Some people may be released with DATs from central booking if the sysemt is getting overwhelmed, but it is not rare at all for people (especially those arrested towards the end of the week) to spend more than 24 hours in before seeing a judge . (If you are going to get arrested, get arrested on Monday or Tuesday.) Once in a while Legal Aid (I don't work for them) used to file writs seeking to free folks when the numbers got too high. Don't know if they still do so.

Countrary to King's assertion, domestic cases are DAT-able. He is conflating domestic cases with domestic violence cases. Cops arrive at a house and see evidence of injury, they MUST arrest, and those cases are put through the system. Someone calls a cop and says my girlfriend is calling me 20 times a day and keeps IM'ing me, while that is a crime (and yes I can hear half of the readers gasp and thank god they weren't arrested for it) it is not uncommon at all for such a person to receive a DAT.

If no one has mentioned this before, you can also go to the criminal court clerk's office and ask them if there is a warrant for you. If there is, they will tell you how to clear it up. Obviously if it is for a felony or such, expect for the judge to set bail. If it is something more minor, it may be able to resolved that day. If you don't have a lawyer, you will be appointed one in the courtroom.

King without a crown wrote: Without going into details of this case, for example the nature of the relationship and whether or not a Family Offense was comitted, it's impossible to determine if this case qualified for a DAT, had he not an an Active Warrant. Cops also do not have to make an arrest if theres an injury to a victim and the perpetrator is on the scene. Cops must make an Arrest in all Felony cases.

do you speak from personal experince or google?

Putnam-denizen wrote: A friend of mine has been writing an article about how turnstyle jumpers are treated differently according to race.

Hello Pdenizen: would you pls post a link to your friend's article in The Lounge or Brooklyn Politics board on Bklynian when it's published? I'm very interested.

As other's have said, 24 hours is the limit with habeas corpus (the amount of time police can hold you
before you see a judge)
People with outstanding warrants (which are practically automatically issued if you don't deal with a ticket like bike on the sidewalk or turnstile jumping, no matter how minor the offense) are automatically put through the system if they brush against the system for any reason.

So if you're going to a political demonstration, it's a good idea to think back long and hard about any ticket you might have blown off 10 years ago....



Didn't teh Bush admin do something fairly recently that was about destroying habeas corpus?
Coffee first, google later

what I said, is that Cops must make an arrest in all Felony cases. I made no mention of whether or not a Felony is DATable. However a DAT will not be issued for Family Offenses. If you'd like a complete list of Family Offenses and what constitutes a Family (Family Court Act and the NYPD expanded defenition)one can be provided but its quite lengthy. However if you are a Lawyer you should already be familiar with what I'm saying. Also in the Transit system a summons issued, is returnable to the Transit Adjudication Bureau. These summonses are Civil in nature and do not result in Warrants. If you get issued a summons in Transit your name gets entered in a data base,identifying you as a Transit Recidivist. If you have another Transit encounter, a Summons is no longer issued and an arrest is authorized for a normally summonsable offense. Whether or not theres a disproportionate amount of white people being issued summonses rather than being arrested, could be related to whether or not its a first time offense, or the respondent is already in the data base as a recidivist.

That's the answer to all the Mysteries on this board! Luckily theres people like yourself to bring some clarity and shed some light on the topic.

Transit summonses (aka TAB summons)are Civil in nature. Just like a parking tickets, if you don't pay them you're not arrested you just incur stiffer penalties. Any time a summons is issued an arrest can be affected for that offense. A summons is issued in lieu of arrest. At demonstrations summonsable offenses usually result in an arrest in an effort to remove potential trouble makers from the street for an extended period of time.

Riding a bike on the sidewalk is a Criminal Court summons, unless Riding a Bike on the sidewalk becomes Reckless and creates a substantial risk of injury or death to pedestrians, in those cases, an arrest may be affected. A summons returnable to Criminal Court if not answered turns into a warrant. Transit doesnt issue Criminal Court summonses, they issue TAB summonses returnable to the Transit Adjudication Burea, which is Civil in nature.