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I am in K KS, None yet. Yes, I was arrested 03.16.2018 on…

Ma'am. Good morning. Lawyer's...

Ma'am. Good morning.

Lawyer's Assistant: What state is this in? It matters because laws vary by location.

I am in K KS

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None yet.

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Yes, I was arrested 03.16.2018 on charges of criminal damage to personal property (safe) at my own house. Nor my husband or me called police. At the time they arrived at our house, my husband and I were spiking on different matter, There no charges on DV or any other. My husband did not make a statement about any property damage. What should I expect My court date is 0.28.2018 03.28.2018

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Answered in 8 minutes by:
3/26/2018
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 31,825
Experience: Active member of the NYS bar since 1989
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Customer reply replied 4 months ago
Good morning, Zoey. Please, take your time, I will be waiting online for your response.

Your first court date is your arraignment. That's where the court tells you of your rights, apprises you of the charges against you and asks how you plead to these charges. If the only charge is damage to your own property, which neither you nor your husband reported to the police, frankly, this case should be dismissed.

It's possible, however, that the charges will be different from what you were led to expect when you were given your court date. It's also possible that even if they are not different, the prosecutor will still want to go forward with this case. It's best, ***** ***** you to get a lawyer involved as soon as possible. He may be able to reach out to the prosecutor and get this matter dropped on your court date. Failing that, if you have to fight this case, he will help you win it.

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Customer reply replied 4 months ago
I already got Police Report with 1 charge, which is Damage to Personal Property ( the safe, appraised at $100 by police). Can I request a Dispatch Call Record from Police Department? I am wondering was my arrest legal at all.
Customer reply replied 4 months ago
As I found out, my neighbor was pulled over by police for speeding, and stated that his daughter called on his cellphone and said there was a crazy lady in their house. When police knocked on my door, I was at home. I am not sure how it happened, but my neighbor was speeding, and I got arrested. Officer did ask me if I would leave the house (which I would understand, if the case was related to domestic violence), I refused. So I got handcuffed and put to county jail Friday, the 16th. I got released on $500 bail Sunday at 12am. If neither my husband, I, or our neighbors called 911, how could I be sure, that officer was even real? And why should I agree to leave my own house? I was also given 72 hours no contact notice, as if in case of domestic violence, but neither my ticket, nor police report has that charge noted. Needless to say, no domestic violence took place whatsoever.

You were in your own house and not your neighbor's, correct? This story is rather bizarre. It doesn't change the fact that you should have a lawyer, however. All the more so as I don't see any valid basis for this arrest. This is a case you may have to fight if it's not dismissed on your first court date. And it's a case for which you may also eventually want to seek some damages from the county for putting you through this without probable cause.

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Customer reply replied 4 months ago
To complete the picture, the safe is working and not damaged to which my husband is willing to testify, although officer took a picture of that safe. I locked the key in that safe by mistake and took a piece of to shake the key out. Please, tell me if I have a right to demand a Dispatch Call Record. I contacted JCPD, but the clerk told me only a lawyer can request this record. Is that correct?
Customer reply replied 4 months ago
Zoey, do you personally provide legal services in Junction City area? I would like to retain you as my attorney if possible.

Dispatch call records have to be subpoenaed, so either the defense lawyer or the prosecutor has to obtain them.

As to the safe, it's yours. Even if you wanted to take hacksaw and cut the thing in half, it's your right to destroy your own property. This is why I'm hoping that when you show, the state will simply dismiss the case.

JustAnswer is not a law firm. Site rules and the regulations of our various state bars prevent us from doing more on this venue than giving general legal information. If you need to know how to find a criminal lawyer, You can call the Kansas Bar Association's Lawyer Referral Service. They charge a fee of about $50 for the referral, but that includes a free half hour initial consultation. They also guarantee you a lawyer in good standing with his licensing authority.

http://apps.americanbar.org/legalservices/lris/directory/main.cfm?id=KS

I strive for 5-star service. If I have addressed all of your concerns, please take the time to rate my service to you by selecting 5 stars on the rating scale, as a rating of okay or better is the only way that JustAnswer will give us Experts credit for our work. You would still be able to post further follow-ups on this question thread about this for no additional cost, even after I've been rated.

Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 31,825
Experience: Active member of the NYS bar since 1989
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Customer reply replied 4 months ago
Alright. Well, thank you very much. I will submit my rating as requested. Have a great day, Zoey.

Thank you and good luck!

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