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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 89316
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I was arrested this past weekend in Ocean City, Maryland for

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I was arrested this past weekend in Ocean City, Maryland for disorderly conduct, I admit I was a little intoxicated and belligerent, only because I witnessed my friend get arrested for an open container while there were several other parties doing the same. I was video taping the arrest, because I have every right to do so, it irritated the officers, because on the video I was explaining to everyone within earshot that because of the act of 1871 America is no longer a soveirgn nation, but now a corporation and how they changed the definition of "persons" from natural living being to corporation or entity, and how were are all now used as collateral for insued debts; anyways they didnt like that.

After several minutes they released him. Which at that point I noticed several individuals, whom were also drinking, applaud the officers for catching this "criminal". Being an outspoken person, I went to ask these people why they thought my friend was a criminal while they were doing the same act just because they didn't step across that imaginary line onto the boardwalk. They started to argue with me so I stood my ground, I didn't make any threatening actions and they were just as loud as I was, they told the officers to remove me because I was being aggressive, they were equally aggressive. At this point I was already several hundred feet down the boardwalk when the officers placed me under arrest, which at this point my friend who was just released was already taping my incident, so they placed him under arrest for disorderly conduct..... We were never read our Miranda rights, later they told my friend they didnt have to because we weren't being questioned. I can't help but think that it was because we were video taping them as public servants that this all occurred.

Also, I had to receive medical attention while in the custody of the police at the local hospital for an injury that I sustained from the incident. The doctors diagnosed me with costochondritis, which is basically a strained chest wall; didn't resist arrest and did not have a prior injuries before being arrested. Another thing I found odd was, when the EMS came to pick me up, they explained to me I could only go under my own free will, at this point I was in a separate room handcuffed to a wall with approximately 8 officers in the room, I asked the superintendent if I was free to go to the hospital, he said it was my choice, the EMS at that point told me that if they were to take me against my will it would be kidnapping, so I asked the Superindentent, perhaps a little sarcastically how me being in jail is not also considered kidnapping; it inferiouriated him and he slammed the door. I realize I committed a crime, but there is no reason I should have sustained any injuries.

After several hours in the hospital, I was returned to jail, they wouldn't release me until my blood pressure was below 100 (it peaked at 133, because I was that pissed off).

When I was fingerprinted they wanted me to sign a signature pad and I asked them for what, they told me it was protocol, I told them "I am supposed to sign this as my consent to having my fourth admendment violated?" I refused, I've never seen so many people get a confused look on their faces, they went and retrieved their Superindentent and asked what they should do, he told them that by me participating in the fingerprint process was enough for my consent, which I find to be extremely disturbing.

Upon release when the commisioner was explaining all my rights for counsel he asked me if all the information on the form was correct I said no, I pointed out that my name was in capitis diminutio and that I am not a corporation, he seem a little aghast to what I said and asked besides that is everything else ok, I said what ever and signed because I just wanted to leave.

I'm no lawyer, but I know more than most people, and I rarely have to deal with the law, this is only the 3rd night I've spent in jail in 35 years and it's seems to be always because of my mouth, I work on government projects as a superindentent that usually require security clearances sometimes as high up as CIA clearance, I cannot have this on my record, even if it is minor offense, is there anything in my statement that could help dismis this case?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your questions. I look forward to working with you to provide you the information you are seeking.

First, the police were correct. Contrary to popular belief, Miranda rights do not have to be provided to arrested subjects just because they were arrested. Miranda is only required if the officers are going to question the arrested person or suspect about the criminal offense or action. Thus, if the officers did not question you, there was no need for Miranda. Even if they did question you without Miranda, the penalty is simply the exclusion of any statements made.

Second, you stated "I realize I committed a crime," and unless you were resisting arrest minimal physical force should have been used to arrest you. If you received an injury as a result of physical force being used to arrest you then you have grounds to sue the officers for the excessive force that caused you injury.

Once you were arrested they were entitled to take your fingerprints, whether you signed or not. People refuse to sign all of the time, but they do not need your consent to take your fingerprints and the Supreme Court has not held that them taking your fingerprints was a violation of any Fourth Amendment right.

Disorderly conduct is a very minor offense as you noted and in most of these cases, you will be able to negotiate a dismissal, but if you go to court and are argumentative with them (as you said your mouth getting you in trouble) then they will be much less likely to be willing to give you any deals at all in this matter. Generally though, you will be able to negotiate a dismissal with payment of the fine and completion of 6 months without any further arrests.



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Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 89316
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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