Posted on 06/30/2004 9:09:46 PM PDT by BlueMondaySkipper
I need some legal advice from my Freeper friends.
Here is my story:
A few weeks ago, some buddies and I went out to a bar in a small town in Wisconsin. After last call, we exited the bar and began walking to my boat to drive home.
A little way down the sidewalk there was a man standing there looking at a car that was parked on the other side of the street, maybe 30-40 yards down the street. There was a woman next to the car knocking on various windows and talking to someone inside.
As I walked up to him, I stopped and asked what he was looking at. He told me that his son was in the car and his mother (the son's) was trying to get him out.
Apparently he had just turned 21 and had gotten a DWI a few days earlier. He wasn't supposed to be out that night, and now he had been drinking and would not give up the car keys.
We made small talk for a little while, talking about trouble with kids and so on, while the mother continued to try to get the kid to unlock the car. After a while I was ready to leave so I got an idea and told the guy that I would get the kid out of the car.
I proceeded to walk diagonally across the street to towards the car. On the way over, I pulled my wallet from my pocket and put my hand on my cell phone which was clipped to my belt. When I got to the car, I flashed my driver's license and said "Open up buddy". The kid inside was taken aback a little bit, and then he opened the door. The mother grabbed the keys an the problem was solved. I put my wallet back in my pocket and walked away, confident that I had done my good deed for the day.
That was May 29th.
Today in the mail, I got a complaint from the State Of Wisconsin, charging me with Impersonating a Police Officer which is a Class A Misdemeanor punishable by a forfeiture of up to $10,000 or imprisonment not to exceed 9 months, or both.
I thought I was doing the right thing by keeping this kid off the road, but now I looks like I'm in trouble. I don't really feel like hiring an attorney but at the same time, I certainly don't want to have to pay a fine or go to jail.
The complaint said I would be notified of the court date within 7 days, but also included with the complaint was a summons which said I must respond with a written answer within 45 days. The complaint said I was in violation of Wisconsin statute 939.51 but that is actually the description of the Class A misdemeanor. I did some looking online and found statute 946.70, Impersonating peace officers, that by my reading I probably am guilty of.
I'm tempted to just respond and state I'm not guilty based on the statute they referred to, but I'm sure that wouldn't get me far.
I don't know how they got my name. The only thing I can think of was someone saw the whole thing and tracked me down through my boat registration number.
Any suggestions? I would appreciate any input the legal minds here could provide.
Thanks
Do not, under any circumstances, admit to any of the charges in the complaint. If you do, you are screwed. The State has to prove its case beyond a reasonable doubt. Was it dark out? Where was the witness standing? What did he see in your hand, exactly? How is he sure you simply weren't saying "hi?" Heck, maybe you waved to show the boy you were not armed, and your hand wasn't on your hip, but instead you were scratching your butt. [Save these angles for the trial, not the pre-trial hearing--in the pre-trial hearing, all you simply have to say to the prosecutor is "are you convinced that I wasn't doing something else?" If the prosecutor responds, "Well, what were you doing?" reply "I could have been doing practically anything"].
Furthermore, any error on the complaint is significant and the complaint should be tossed. Do not acknowledge to the cops that the complaint is invalid. Let them find out for themselves when the judge dismisses the case. The first words out of your mouth to the judge should be, "Good Day, your Honor. I tried to do some research on my case before coming in today, and I believe the complaint is incorrect."
You are entitled to a pre-trial conference with the prosecutor. Again, admit to nothing but being there that evening. The prosecutor must lay-out his case to you before the trial begins. If the prosecutor is a hard-ass and insists that your pre-trial meeting occur right before the trial do the above, and when your case is called, inform the judge: "Your Honor, I request a continuance because the State has only now presented me with its evidence against me and I wish to speak with an attorney."
Do not, DO NOT admit anything. If the prosecutor or the judge try to pull some crap along the line of "Mr. BMS, if you simply acknowledge that you did what the "witness" claims you did, we can take care of this matter without re-scheduling another hearing," respond "With all respect (not 'all due respect,' sorry, pet peeve), your Honor, I cannot answer that question without consulting with an attorney." If someone presses, reply "I cannot answer any further questions."
Did I mention that you should not admit to anything?
That's not really what you were thinking at the time, was it? [chuckle]
"BlueMondaySkipper note: this is in error. 939.51 is actually the definition of the penalty for a class A misdemeanor. I did some research and WI statute 946.70 is probably what they mean)"
I don't see how they can convict you of violating a definition of a crime. The legal document they sent you does not designate the correct statute they are charging you with, just a definition. Point that out to a lawyer and they will most likely get you off without any charges.
I'd stop refering to what you did as "like a cop would". It will not help your case.
I'm sure you were probably just holding your phone trying to threaten the driver that you were going to call the cops. In fact, I'd recommend you rethink what you were doing as I'm sure that's what you were really doing. I'd recommend you recall it that way.
With a good attorney, the fact that they cited the wrong statute should be enough to get you off. Could be dismissed on a technicality
Honestly, I think you're blowing this way out of proportion. Write the clerk of the circuit court, explaining briefly what happened, and that you did not impersonate an officer at this or any other time, but that the drunken occupant of the car in question might, in his drunkenness, have mistakenly imagined that you did, since under the circumstances, he was quite reasonably expecting that he might be approached by a police officer. Request that any evidence the State has suggesting that you impersonated a police officer be forwarded to you in writing, so you can be better equipped to clear up the misunderstanding.
I seriously doubt you need a lawyer to handle this, unless you've got a colorful record yourself, that might make the State disinclined to believe your version of events.
Is it possible your friends are playing a sick joke on you?
Even so service by mail is an issue.
Particularly if the words "i am police" did not leave your lips.
Before you respond there is the issue of the police report which will answer the "why" question.
T-h-a-t'-s n-o-t r-e-a-l-l-y w-h-a-t y-o-u w-e-r-e t-h-i-n-k-i-n-g a-t t-h-e t-i-m-e, w-a-s i-t?
If you still don't understand, re-read the above comment without the question-mark at the end.
My advise, don't make a post on the internet public declaring you broke the law. You could have just claimed you had no idea why the kid opened the door, you just knocked on the window, which is the truth. Wether he thought you were a cop would be speculation on your part.
No Good Deed Goes Unpunished. Sorry.
You might want to check with your friends and then call to verify this is for real. You don't want to get them in the situation you think you are in right now, I would guess.
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