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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 27049
Experience:  Active member of the NYS bar since 1989
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I was arrested two years ago. The police officer promised me

Customer Question

I was arrested two years ago. The police officer promised me that they would let me go if I wrote a letter apologizing for what happen. I wrote the letter apologizing but also said I was not at the place to commit any crimes. The police also but in the police report I admitted of wrong doing, which i never did and when writing up the police report the only evidence they had was text messages. They never gave my attorney or myself a copy of the messages, instead they wrote the messages in their words in the order they wanted what the texts said. Is this legal and the first part coercion?
Submitted: 1 year ago.
Category: Legal
Expert:  Zoey, JD replied 1 year ago.
Hello, Were you charged with a crime? What happened to the case?
Customer: replied 1 year ago.
It is a very long story can I just send the explanation i have in a word document ? I had to attach the whole explanation from the entire arrest.
Expert:  Zoey, JD replied 1 year ago.
Thanks for this. So apparently, you took a plea agreement to a reduced charge rather than risk trial and a possible conviction for a more serious offense. Unfortunately by making that choice, you waive your right to challenge the evidence and confront witnesses against you. You may have been able to get the admissions you made suppressed from trial as coerced, had you chosen to fight the case and won a pre-trial hearing. Without knowing how the evidence would actually fall out on the stand on direct and cross-examination of the officer, I cannot give any idea whether you would have been successful at the hearing. However, it would appear from what you wrote that even without your statement, the state had plenty of other evidence to tie you to this offense that had nothing to do with the police questioning you and how they elicited that information.
Customer: replied 1 year ago.
Basically I am trying to get my sell phone back, they will not allow me to because the DA wants to wait two years because he said that way I could not appeal. Basically he said there is evidence in my phone that will make me file an appeal.
Customer: replied 1 year ago.
The absolute only evidence they had was the police report with the text message that were not a print out, it was just the police version written down, in the order they wanted and also in the way they wanted them to read. I read the text messages the guy that used my phone wrote and all I read it that the supposed woman was in the room naked and this was sent over and over. But All they had in the matter was the phone text message, absolutely nothing else.
Expert:  Zoey, JD replied 1 year ago.
Not exactly. They had the fact that it was your phone and that you showed up at the time and place of the assignation and that they never saw anyone else but you. That's certainly enough for probable cause to arrest From there, I'm not saying that you would have definitely been convicted, either with or without the damaging report. I don't think any criminal case is ever a slam dunk for the prosecution or for the defense. I am saying, however, that they could have built a strong circumstantial case even if they couldn't use that report. I'm also not saying that the police behaved properly. The issues you mentioned are important ones. However, you waived your right to challenge them the second you accepted the plea.

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