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Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1366
Experience:  Experienced Criminal Trial Attorney since 1998.
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i was arrested and charged for street racing in texas. a few

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i was arrested and charged for street racing in texas. a few bikes at the front of the group took off fast from a light and the rest of us just took off normal. cops pull us all over in two different groups. group 1 was the guys who took off and group two was the ones who were driving normal which is the group i was in. officer gets out his car and immediately says your all under arrest your going to jail for street racing. we were never merandized and the officers continued to interrogate us at the crime scene not once reading our rights. the first group was let off with warnings and no arrests but our group were all arrested. the arresting officer asked the officer who saw wat happened who was racing and he pointed out two guys which were not me. the arresting officer then said we will just arrest them all. supposedly all is on video which is good for me because i know i did nothing wrong. our bikes were seized as evidence but i cant figure out wat that would prove except that we rode a motorcycle. id like to know wat i need to do and how i can get my bike back and if anything was done wrong on the officers part
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Legal-Guru replied 5 years ago.
(1) Regarding Miranda warnings. If you were under arrest and questioned without being advised of Miranda warnings, what you say can't be used against you in the criminal proceedings. There are some exceptions such as for use as impeachment if you choose to testify at trial.

(2) They probably won't hold onto your bikes because as you said it doesn't really prove anything that is disputed. It's typical, however, if the driver of an automobile or motorcycle is arrested that the auto/bike is impounded. You will have to pay the tow fee and impound fees. If they do have a hold on it for evidence, your lawyer can make a request to the DA's office that they release the hold. If that does not work, he can file a motion with the court for release of property.
Customer: replied 5 years ago.
well i knew that but u said nothing about the actual case. how can they charge me for street racing if for number one i wasnt and the officer told the other who was and he just arressted us all anyway. how is that right. wat can i do. i do wanna press charges against the officer for wrongful arresst and harrassment because he has prejuidice against my family which was proven by my sisters lawyer in his deposition for her wreck.
Expert:  Legal-Guru replied 5 years ago.
I didn't say it was right, but whether you were racing or not are fact issues ultimately for a judge or jury. The DA or county attorney will review the police reports and possibly the video (assuming there is one) and will decide whether or not to charge you and the others.

If you are charged, then you will need a lawyer to fight the charges. Your lawyer will eventually get a copy of the video (again assuming there is one) through a process called discovery. If there is sufficient evidence of a false arrest, you can sue him in federal court under what is called a section 1983 action. You should be aware your and your friends' word against the officers is rarely enough. You either need the video or another officer or at least independent witness to corroborate your version. It's one thing to be right. It's another to be able to prove you're right.
Customer: replied 5 years ago.
i have 6 written statements from ppl who were there corraborating my story. do i need to get these notarized. also can i myself talk to the da and view the video because i know once it is seen that it will show im innocent. if so will the da have the power to drop the case right there due to the evidence
Expert:  Legal-Guru replied 5 years ago.
(1) That's a good start. No need to get them notarized. A written statement, notarized or not, is not admissible in court because you cannot cross-examine a piece of paper. Those people will need to testify if it goes to trial, but your lawyer may be able to use those to try to convince charges not to be filed and/or in negotiations if charges are filed.

(2) The DA is not going to talk to you or turn over the video. They will only deal with another attorney. Your best course of action would be to hire an attorney ASAP so that they can approach the DA about not filing charges. It's easier for an attorney to convince a prosecutor not to file charges at the outset than it is to secure a dismissal once charges are filed. Also, it may prompt the prosecutor to actually review the video before making a charging decision where normally they would just base their decision of the police reports.

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