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Everything posted by Redbeard1337

  1. Just to update anyone following this thread, I did receive a letter from the county attorney stating they have declined to file charges in this case. 100% of my bail money has been returned and it looks like I am done having to worry about this being on my record.
  2. Well technically there wasn't an arraignment. It was scheduled for last Friday in the heap of other arraignments they had that day. Everyone is required to check in with the clerk first before going into the courtroom. It was at that point that the clerk said they don't have anything for me because no charges have been filed. I understand what purpose the bail serves and I understand that the county has up to the statute of limitations to file charges, but surely they can't hold the bail that long until they decide? The bail is there to make sure I show up to all court dates, I've fulfilled my obligations with regard to the bail and there are no more scheduled court dates. At this point I'd rather give it some time to see if anything develops rather than pay a lawyer to get the bail released and essentially pay him the bail money for his fees. I have spoken with a lawyer and sans the bail issue, this is what he thought would happen. He said there's really nothing that shows any obstruction so he didn't think charges would be filed. I spoke to the county attorney's office because I wanted something in writing stating I was there, they said there's no need for that and if they were going to take any action it would be soon. I have to go in tomorrow for a speeding ticket, so I'll ask them again for an update.
  3. So I went to the arraignment last Friday and the clerk could not find my file. She spoke with the county attorney and apparently they have not filed charges. In the meantime, they still have my $1k bail. I made my appearence, so my understanding is the entire bail amount should be returned to me. I was informed that if charges are filed, I will be notified by mail, but bail is not returned until I'm sentenced. Obviously something is wrong here. If I have no charges, then what is the bail for? 29-901. Bail; personal recognizance; conditions. (a) The execution of an appearance bond in a specified amount and the deposit with the clerk of the court in cash of a sum not to exceed ten percent of the amount of the bond, ninety percent of such deposit to be returned to the defendant upon the performance of the appearance or appearances and ten percent to be retained by the clerk as appearance bond costs, except that when no charge is subsequently filed against the defendant or if the charge or charges which are filed are dropped before the appearance of the defendant which the bond was to assure, the entire deposit shall be returned to the defendant.
  4. I agree that those that have taken an oath to uphold the Constitution often don't know what that means. I'm not a legal expert(which is why I'm here obviously), but I do carry a Constitution in my bag and read it regularly. I was even able to have Ron Paul sign it a few years ago. So yes, I am "one of those guys" that cares about any of my rights being infrigned upon. As far as my meeting this moring with the lawyer, he was very excited about the case. He doesn't even think I'll go to trial. He said there was nothing from the trooper's statement that falls under obstruciton. Obviously it's not wise for me to post details so I'll leave it at that, but I'm very excited now too. Thanks to all for your insight. I'll update this thread after I find out next week if the case if going to proceed.
  5. The citation states: Obstructing police in violation of statute 28-906. I was able to find the definition for Nebraska. 28-906. Obstructing a peace officer; penalty. (1) A person commits the offense of obstructing a peace officer, when, by using or threatening to use violence, force, physical interference, or obstacle, he or she intentionally obstructs, impairs, or hinders (a) the enforcement of the penal law or the preservation of the peace by a peace officer or judge acting under color of his or her official authority or ( a police animal assisting a peace officer acting pursuant to the peace officer's official authority. (2) For purposes of this section, police animal means a horse or dog owned or controlled by the State of Nebraska or any county, city, or village for the purpose of assisting a peace officer acting pursuant to his or her official authority. (3) Obstructing a peace officer is a Class I misdemeanor. I'm not sure which clause they are applying to me, but I certainly wasn't ever physical or violent or threatening. Im thinking they are going to say my car was obstructing the checkpoint. But they are the ones that had me get out of the car.
  6. What I meant by adequate signage was that I thought there was a regulation governing these checkpoints that states that there has to be an opportunity for motorists to avoid the checkpoint if they wish. I know this is just a minor point but I was thinking if the checkpoint wasn't even setup right in the first place, then it might help my case. The difference between this and a cop sitting with his lights off is that these are suspicionless checkpoints. A cop would only normally pull you over only if he witnessed a traffic infraction. And what I meant by possible scenarios are ways that this might play out. Possible penalties? And what can I expect a lawyer to cost. Thanks for your help.
  7. I never said it was illegal. I know they have to right to set them up and to ask for my information. I complied with everything that was required and they still harrassed me. I understand if you don't care about defending your rights, but I'm looking for helpful advice here.
  8. Hello all, I was recently subject to what I feel was a violation of my 4th Amendment rights at a license and registration checkpoint in Nebraska. This incident occurred on 4-26-2014. I was recording as I passed through the checkpoint so I have video up until my camera was taken from my hand. I had all of my information ready to give to the troopers, and all of my paperwork is valid and legal. I was then ordered to secondary, and when I questioned why and asked to speak to a supervisor, the troopers opened the door on the spot and asked me to get out. I am very confused as to why any of this occured. I was traveling with my girlfriend and young son at the time, and she is absolutely tramatized by the whole situation. I have the video on Youtube, is it ok to post the link to it here? What occurred after the video was shut off was that I was handcuffed and made to sit on the side of the road while the troopers ordered my girlfriend and son to another police vehicle. The trooper questioned if I had been drinking to which I responded that I wouldn't be answering any questions. (I hadn't been drinking at all btw). The troopers then told me I could have a trooper move my car or they would tow it. I again questioned why I was being detained, which they could not answer. I told them I would move my car and be on my way. The trooper then stated again that I could allow another trooper to move it or it could be towed. I said I would not allow anyone else to drive my car, so they called a tow truck. The truck moved my car to a parking lot a block north and I was arrested for obstructing police. My concerns are the following: The state patrol in this area always sets up these checkpoints as "License and Registration" checks, but they are operated as de facto DUI checkpoints. The signage leading up to the checkpoint is inadequate. The signs are posted only after there is no other way to avoid going through the checkpoint. In this case the signs were posted just before going over a bridge, where there is no chance at all of turning off to a side street or turning around. My main concern is that I was completely compliant with what is required of me at this checkpoint. I had all of my valid paperwork ready and handed it to the trooper when requested. When I comply with that requirement, why would I be ordered to secondary? Doesn't the trooper need reasonable suspicion of a crime to ask me to secondary? If he thought there was reasonable suspicion, why was he not able to articulate what he was investigating? Why was my phone taken from me when I have the right to record my interaction with the police? And why was another trooper attempting to access my phone after he took it? This is obviously a situation where I will need a local attorney to represent me, but I'm hoping someone here may give me some possible scenarios and advice on how to proceed. I have no problem posting the video here if that will help. I'm new here and I haven't seen anyone else post Youtube links in their posts, so I refrained from doing so. Any advice is greatly appreciated. Cheers.
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