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To ZOEY, JD Zoey, When a Police is called by an

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To ZOEY, JDHi, Zoey,When a...
To ZOEY, JDHi, Zoey,When a Police is called by an establishment alleging a crime has been committed against them, and they took it upon themselves to detain a person in question, somebody who has been attempting for three hours to be heard, yet none of his statements were documented, while he was been verbally sexually harassed for three hours, by people who were, supposedly, officially at work, expecting public officials (police) take them serkousky...
What is police's responsibility when trey are called by these belligerent bullies on a power trip, who hand them their "work product"
Any minimal investigation?
Hear both sides?
Check some evidence?
One side's proven $750 in honest purchases with a receipt?
Spot check the video recordings which the establishment easily could qued up for them instead if washing 4 hours on bullying an innocent citizen (until proven guilty)!
What did you say was the NYPD work product after the arrest?
And the two swarm depositions from those belligerent bullies who terrorized a citizen, supposedly even on camera, being absolutely undeterred by that.
And when the police comes, the citizen complaints to police about most experienced abuse, what kind of product will it be up to them to create, to not be liable or exposed in some way, for abuse of power Or beings accused of corruption?
Submitted: 3 months ago.Category: Traffic Law
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2/7/2018
Traffic Lawyer: Zoey, JD, Criminal Defense Attorney replied 3 months ago
Zoey, JD
Zoey, JD, Criminal Defense Attorney
Category: Traffic Law
Satisfied Customers: 30,500
Experience: 18+ years of high-volume criminal defense work from arraignment through plea or trial.
Verified

Hi,

This has multiple questions in it, so be patient while I type a response.

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Traffic Lawyer: Zoey, JD, Criminal Defense Attorney replied 3 months ago

Police have no duty to investigate. It's not their job to determine guilt or innocence. That's for the finder of fact at trial. When called to an incident, the police only need probable cause to make an arrest and to turn the case over to the DA for prosecution.

Probable cause is only a reasonable belief that a crime may have been committed and that a particular person may have been involved in that crime. It doesn't take a lot of evidence. If there are contradictory facts, they have the discretion to make their own judgment call and leave what really happened to a jury to determine.

Yeah, they could have done all that you wanted them to do if they wanted to, but they would have still needed probable cause in order to subpoena any videos, and that could have taken much, much longer than the time they spent. They can't get a warrant to order the turning over of the videos until they have probable cause, and by the time they have probable cause, they have grounds for arrest without them.

Your lawyer can subpoena the video if you want to go to trial and the state didn't bother doing so.

What I said about work product is that once a defendant has been charged, the police will not give up its records about the case to anyone other than the DA because it's considered work product -- material in preparation for trial. The reports are discoverable, but they are turned over to the defense pursuant to the discovery statute when a formal demand for discovery is made by the defense to the prosecutor during the course of motion practice.

Police are human. They make mistakes. They lie sometimes, probably no more or no less than regular civilians. Mistakes and glaring inaccuracies on police reports are good for the defense in the hands of a good trial lawyer.

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Customer reply replied 3 months ago
I understand about probabke cause. That is was talking when I said "investigating".
But first, I am asking a simple question: where is the documentation for the probable cause? I know where it is for DUI Aarest -- it's in the police report, even the probable cause for the car stop. Questions, assessment of behavior, cognitive functioning, wet eyes, field performance test, even field BAC test.
Why such a high standard for DUI, the class A misdemeanor the first time and such a low one this one, the same class A misdemeanor, which can have tremendous consequences for a person's future.
Maybe if it was taken more responsibly, it wouldn't be happening so much.the arrest to [have] been made? [Because they document it after the array is done.] But the come to the decision BEFORE they are making an arrest. So that's when theshould be thinking about having a probable cause. Just because they find somebidy having been taken to a security room, says nothing about probabke cause.
In most cases people are caught red-handed, so they sign what the store wrights up on them.
But it's not always that clear.
So, if a person is not addmitting, there are no two people to collaborate seeing it,
Customer reply replied 3 months ago
OK, on one side it's all easy for them to lie and make mistates, but in this country we have oversite over anybody in a position of power.
So what standard cops have on another side motivating them to not make the light decisions and not abuse their power?
Traffic Lawyer: Zoey, JD, Criminal Defense Attorney replied 3 months ago

We have the US Constitution and the legal system. Ours is a system based on checks and balances. The defense bar shoulders a lot of responsibility, fighting aggressively to hold the prosecutor to their heavy burden of proof beyond a reasonable doubt and to challenge the police when they overstep their authority.

One part of the system acts to keep another part honest. It doesn't mean things can't go wrong. People all go wrong, so of course things do. It just means there's a fix for it.

If a defendant feels that he was arrested without probable cause, he can move for a hearing to challenge the basis for his arrest. The "documentation" is the officer's testimony. It's his or her reasonable belief that gives an officer probable cause. As long as it can be explained satisfactorily at a hearing, it will pass Constitutional scrutiny.

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Customer reply replied 3 months ago
Paragraph 1 & 2 of your last response:
1. “Police are just people”, “they lie sometimes [as people do]”, “people all go wrong, so of course things* do”
*things must be US Constitution and Justice System and the checks and balances that keep things in balance. Balancing what? Abuses and non-abuses? The balance of that is still ABUSE.
And about Justice System.
Is that that one which sorely needs a gutting reform, which one of the presidential candidates who won popular vote, pledged to take on.
If a Supreme Court is the system of checks and balances, we both know about the stake that is being put by conservatives to tilting the court’s balance. And that court has very little to do with criminal justice anyway.
So, despite that every elected and many appointed public officials’ oath of office includes “protecting the US Constitution”. OK, at least you are conceding that we need oversight (or balancing systems) over peoples’s oaths given with their hand on the Bible.But let’s get down to practical matters.
I this moment is listening how FBI refused clearance to the White House Secretary (who controls the flow of documentation to and from the President and the very tops of the executive branch) In the basis of police reports (!!!) about 911 calls, where the subject of the complaint was gone every time, for all intents and purposes might not even ever been there, so whatever the complaining caller said was enough to write those police reports? Cops don’t have any duty to corroborate what complaining side said? Not INVESTIGATE. It didn’t take them two months to get court order to have the beaten wife show them her shoulders and arms and body to show the bruises. If you are not willing to show something to back up your claims which establish probable cause — get lost and pay for wrongful police call. We are not talking about prosecution, non-incrimination, burden of proof, but the nucleus of establishing probable cause.
Then those mere police reports are enough basis for protective court orders. And here we talking about victimized women show they bodies and have them be photographed by the police — the stigma, the shame in doing that!
And to just show some stupid tape to back up your words, without entering it into evidence, or even giving it up, WHAT WERE YOU TALKING ABOUT? I bet you that if those security employees were to pass as real psychological examination, they would all be diagnosed with some kind of antisocial disorders stemming from childhood abuse, all of which (abuses) are rooted on the abusing one’s position of power, even power of parents over kids. And we as society are very much concerned with that, childhood abuse is a major major crime, and the confidentiality of victims is closely guarded but never stands of the way of establishing the abuses.
Why so much attention on the kids? Because from such victimized kids grow up the worse bullies, as a protection mechanism they develop while being abused.
So this secretary is now publicly fired from the top position of his life. I am not here to pass the judgement on anybody.
You would be surprised, but i am not that simplistic.
I am just pointing out the inconsistencies, and what in that “nearly perfect” system of checks and balances glaringly doesn’t work.
What lesser rights does the person, who got captured by this small bunch of power-hungry screw-heads who need their daily fix, has against these accusers/complainants, who caltured somebody who left in there store close to a thousand for the second consecutive day, having returned only 20% of his purchase, which was so big in the first place, because, given the close to closing of the store time, he was told that he cannot use fitting rooms anymore and “why won’t [he] just buy all that, tries it at home and brings back what doesn’t fit? Which he does, and brings back only one fifth of his purchase, among which were three t-shirts, which were uncommonly labels Large, while being Small, which he on the second day replaces by the XL same T-shirts, which he bought, and those three non-fitting he tries to return. They turn out to be non on the purchase receipt. He insists on just giving them back, because they clearly were put into his shopping bags by the way of two mistakes by the store staff:
1) while checking out, being the last customer with many things (BTW, if this was a problem for the store to deal with — close your resisters, point to the clock, say you are closed, and welcome the customer tomorrow, they apparently, what, I have learned later, have a way of keeping your purchases for 24 hours, so say — come back tomorrow and we will do the check out in the proper way, otherwise — you are just as obligated to do it properly under these late circumstances.) so, while being checked out by the counter, the customer is being sent to the store floor to fetch same —but maybe just different size items — with the store stickers, which were turnings missing in some items the customer
Traffic Lawyer: Zoey, JD, Criminal Defense Attorney replied 3 months ago

I'm not on this site to address political problems. I have told you what the law is. If you don't like it, then your remedy would be to find like-minded people and legislate in Albany to change the system.

I stand by my previous answers as to the present state of the law with regard to your case.

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Customer reply replied 3 months ago
Brought to check out, all that running around so that they can scan the items, while there is 10 of them standing there and it is their job, to correct the situation of not having those stickers on in the first place.
Letting unsuspecting customer leave his checking out process of the 30 items to talking $800 hardly being unable to keep track of how three cachiers do this in the from if his eyes, ands asking how they are making this process work, being given a joking answer which didn’t make any sense under these specific circumstances, having there people juggling clothes between them, (that is one, but actually two, because that running around was my courtesy to them, because I knew where each item came from, and I was running back and forth in sweat, feeling guilty that I am delaying them, to correct the store’s shortcoming to label all their merchandise with their store’s, discounted, stickers (in addition to the original ones on these clothes),
Further, on the way out, the magnetic door antitheft control device rings (no surprise, without sarcasm), and when the customer immediately turns around and extends the 8 shopping begs for inspection, 10 door watches in one vice say — “you are good, go”. (This is number two).
Just number two alone — how is this not a set-up to take something out if the store which could have been put in my begs without charging me for it while these three girls pretending to help each other to check me out, yup
Traffic Lawyer: Zoey, JD, Criminal Defense Attorney replied 3 months ago

Disputes of fact are what legal cases are all about. If you want to fight your case all the way to trial, you can base your defense around the fact that the store's security system is so badly organized that it sets up innocent people who never committed a crime. If ya judge or jury is convinced by the argument, you'll win the case. If not, your maximum risk of exposure is a year in jail.

Have a lawyer to execute the game plan, however. You're much too angry to be objective enough to handle this pro se.

Turning in now for the night.

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Customer reply replied 3 months ago
among themselves while I am fetching things from around the store with the the right stickers for them, trusting them to do their job right, while they forgo their own control mechanism from ensuring they didn’t throw something into my bags without ringing it up?
What would have protected me if 1 minute later, on the street, their security stops me and brings me back and to find those very items that rang?
(The cop told me, that I should have called police when they refused to inspect my begs.
Really?! — I bet this happened to you in the past, because it happened to me dozens of times, when I just follow their instructions and leave the store with an non-disabled and still attached (in case of the large, plastic ones) security device still attached. I actually now insist on them examining The begs, because I don’t need this thing to ring in other
Traffic Lawyer: Zoey, JD, Criminal Defense Attorney replied 3 months ago

Yes, it's happened to me once or twice that a sales clerk missed removing one of those security devices that cause the store alarm to go off at entry. What protected me is that I could show a receipt that said I paid for the goods.

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Customer reply replied 3 months ago
store’s where I may go subsequently. Or, god forbid, need to return this piece into this store.
But given that I am delaying everybody being the last customer with a large purchase — and knowing that I won’t be going around shopping more, at this hour and with so many begs, I let it be, and let them compromise me.
Mind you, every singe bit of this story is on hundreds of cameras, of which I of course don’t think or care, until the next day when income to return a few things that didn’t fit.
As a side bar — the massive security device was indeed attached to one pants, which I wasn’t going to return, so I spent 45 minutes at home taking it off, and damaging the pants where it’s was attached, but now am afraid to take them beck, because its easy to see where and how they were damaged. Although it could have been from the previous customer whose return they are reselling, now thinking of this.But the issue arises when at the return counter they cannot find three t-shirts, among the stuff I am returning, on my last night’s receipt. But not yet a real problem. Because the women simply tells me that she cannot refund me them — I say “Dah, obviously not, who is asking you for refunding me what I clearly didn’t buy. — Just take them off my hands! They don’t fit and I already picked replacements with my size, which I will buy on my way out”.
But no, she insists that maybe these 3 tee’s are from the previous shopping, never mind out immediately preceding casual conversation about the fact that I didn’t live in NYC for last 10 years and stumbled upon their store to be reminded how unique it was in that the prices were so deeply discounted for the brand name fashion clothes.
She refuses to take those shirts from me anyways, and her manager come up with a solution, that I should have the 1st floor check out take them from me, as they clearly caused this situation, just kicking the can down the road, I stead of dealing with it here and now.
On my checking out downstairs, I am trying to have them take back these shirts, they think that I want to exchange them for those of the right size, which I picked instead of them, so I demonstratively on the further from them side form a pile of stuff which I would not be be buying, and placing those three t-shirts there, while whatchbthem ring up those tee’s of my size, along with $750 of new merchandise (less the $240 gift card from the proceeds of the returns of my yesterday’s $800 purchase.
Actually, it Is not “less”, it is $750, for which I partially pay with a gift card containing my money. So, new $750 purchase, and only less than one third returned from yesterday’s purchase of stuff which I was supposed to “try home and bring back if I didn’t want.” (Only mentioning this as a clear display that did not abuse their return policy), if that somehow vindicated me.
After 30 minutes spent on trying to explain these three t-shirts, I am again the last customer checking out, and, now, customarily, I do all the running around for the items with stickers, even though I tried to make sure that all of them do have stickers. But its hard to tell their stickers from the original store ones, where the items might have come from. So, again, I am absent for most of the time.
The last — I am placing the t-shirt which was ASMR the very bottom on the shopping bucket with wheels, they start commenting in how nice it is, I am being nice and talk to them back that I didn’t see it yesterday, but I also like it a lot and am glad that I found it today. CLEARLY shoving it their way to be checked out and included in the bill. If the video was reviewed, there would be no doubt that this js what I was doing. At that very time, from the end side of the conveyer, they tell me that they weren’t able to scan two items, and if I remembered where they are, I could go and bring them the same items with with the store stickers. This time I am frustrated with this, because just a a minute ago, some big-shot manager, it seemed, was passing by and with bug voice yelled looking at me “And what is going on here? We have already closed the store, as if I was sucking his blood for free. I snapped back that, if cannot figure it out, I am in the process of dropping $700 in this store, from which his salary is paid, by the way, not having a cup of coffee! (literally eat what I said) and off I went on the last expedition to find that the hoodie with the right sticker, and another item, I believe.
As Income back, they already figured the way how to ring up those two items, and the begs are ready and with a receipt.
At this point Insee that that t-shirt which I was eager to buy, was on the pile of things which I wasn’t buying (there were a few light designer jackets which turned out to cost $100, which was a bit overboard for my budget, so Had then out those into the pile which I have started with those 3 t-shirts not on the receipt. And now I see this last tee being on the top of the “reject” pile.
Customer reply replied 3 months ago
Great. Now I cannot enter anything I type.
Customer reply replied 3 months ago
Wasted yet another hour
Customer reply replied 3 months ago
It’s started going one line at the time.
Customer reply replied 3 months ago
Hold on till tomorrow.
I will dictate to my phone and will send you an image
Customer reply replied 3 months ago
I’ve wasted 3 hours today. Not to mention sleep
Customer reply replied 3 months ago
I asked you (again) to demand from the site to set up a call with me.
Otherwise I will request changing the rating of our several questions to one star.
Customer reply replied 3 months ago
It’s not only the quality of your answers but my overall experience which I just described for you but it didn’t to through.
Customer reply replied 3 months ago
on the merit of the info you provided to me about NY Criminal Court, I did provide you with changers, was all inaccurate.
Customer reply replied 3 months ago
You even told me they don’t do adjournment in contemplation of dismissal, and all that about the first day being arraignment only, etc.
Customer reply replied 3 months ago
All inaccurate. I was offered this before I opened the mouth.
Customer reply replied 3 months ago
I even gave the reference to Mexican kids, and what they were told, you said it’s all BS and gave me the book answer.
Customer reply replied 3 months ago
We have Internet for the theoretical answers.
Customer reply replied 3 months ago
I was asking about specific court and specific charges
Customer reply replied 3 months ago
Asking you as crim. atterney with 20 yrs experience in NYC.
It used to say that your experience is in NYC (City of New York).
Customer reply replied 3 months ago
Under the normal circumstances your advise would have cost me in a wasted $3500 in atterney fees.
Customer reply replied 3 months ago
As is, it cost me hours in typing questions on the cell phone, and being given theoretical/philosophical answers, which have no rooting in reality, not just NYC, but the whole country.
Customer reply replied 3 months ago
8220;Police are just like all people and they lie”
...and hate/scared of the black people and shoot them like raccoons, as what they refer to them behind the closed doors
Maybe you should look up #blacklivesmatter
And Judicial Reform
Even Trump said he wants to reform prisons in the state of the union.
(Never mind his motivation for saying that, but the browny points for that he did collect.
...figured he earned the right to call Dems treasonous for not clapping to him for saying even something like this.
Customer reply replied 3 months ago
No need to answer this.
Customer reply replied 3 months ago
I asked you to facilitate a call between us, and save me hours upon hours of typing on the cell phone.
You — to earn money for the crevices which you cannot sell me, which I am entitled to as a member, but which I cannot buy from you even a la cart via the site,
Customer reply replied 3 months ago
communicating with their support has proven to me to be an enormous waste of time.
I won’t spend time again explaining why.
Customer reply replied 3 months ago
They either censor what posts from me or I don’t know.
Customer reply replied 3 months ago
The bot***** *****ke is than them and you make money from payments of the clients like me.
Customer reply replied 3 months ago
If you don’t care in being able to provide me a service I need and am entitled to, but for you was willing to pay a la cart, but still prevented to be able to, even though this was a temp solution recommended to be by the site support, your service is to be rated accordingly.
Customer reply replied 3 months ago
I already commented on the merit of our written answers.
Customer reply replied 3 months ago
help me, and request a a call to be arranged between us.
Or call me directly to just voice my feedback to you and at least morally rectify my losses.
Customer reply replied 3 months ago
If you didn’t write it down the first time. (Though it’s in the history of our messages)
Customer reply replied 3 months ago
But I want you to have the site set up the call.
I don’t want you to be subject of Moullar investigation for obstructing the rules of the stupid and incompetent site.
Call me directly to advise me how to recoup 4 years of Member fees while having been denied the core member benefit. And causing me psychological injury by their customer service and site support. (Brush up your civil skills, Doctor of Jurisprudence, I bet you didn’t earn this degree on in the in-depth DUI knowledge).
Customer reply replied 3 months ago
Sorry for being pissed.
You would be too in my position.
Traffic Lawyer: Zoey, JD, Criminal Defense Attorney replied 3 months ago

I'm sorry too. But at this point, I'm opting out of this question. What you're asking for is well beyond what experts here can provide.

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your put in jail for a simple misdemeanor driving while suspended. officer files complaint and affidavit, have initial appearance. arraignment is scheduled. arrested in the same building the jail is i… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If a person is charged with a serious misdemeanor and the
If a person is charged with a serious misdemeanor and the county attorney attaches a simple misdemeanor to the serious misdemeanor as a companion charge and you file a motion to dismiss due to you wer… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was found guilty of harrassment a serious misdemeanor for
I was found guilty of harrassment a serious misdemeanor for a voicemail message alledgedly on an officers voicemail. My attorney advises me request trial by Judge. My 1st mistake. Anyhow the court all… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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