A few days after I received a citation for speeding last month, the citing officer's corporal came by where I work and offered legal advice (such as ways to get out of the ticket, and what to say to the district attorney). I always thought this was against the law, but I can't find any specific details on the internet about it. I already reported both officers to their superiors for their misconduct, but it looks like they're not going to do anything about it. Do I have any legal precedent to have the case against me dismissed on the grounds that a sworn officer of the law attempted to give me legal advice?
2007-01-03 22:58:51 · 15 answers · asked by mrlavocat 3 in Politics & Government ➔ Law Enforcement & Police
Well you got caught speeding and the officer was nice enough to come give you advice? I hope you have to pay the highest penalty for that ticket.
2007-01-03 23:54:52 · answer #1 · answered by Lala 3 · 0⤊ 1⤋
1
2016-06-12 00:08:29 · answer #2 · answered by Kenny 3 · 0⤊ 0⤋
Here in Canada police officers are not supposed to give legal advice. It is not against the "law" however, meaning there is no stipulation in the criminal code of Canada that prohibits it and outlines the punishment for it. However if you give bad advice while you are a police officer this could open you up to civil litigation.
"I already reported both officers to their superiors for their misconduct, but it looks like they're not going to do anything about it."
What did you expect they were going to do?? Fire the officers for trying to help you out?? OMG.
I am 100% certain that you have absolutely zero (0, nada, no) grounds to have a speeding ticket dismissed because a police officer gave you advice. My advice is that if you want to get out of the ticket, (because this is really what this is about, isn't it?) use some of the free advice that the officers gave you or hire a lawyer that will probably cost you ten times the cost of the ticket to give you advice.
I'm with cali cop, it is true that we get the most complaints from people we try hardest to help.
2007-01-04 01:24:08 · answer #3 · answered by joeanonymous 6 · 0⤊ 0⤋
As a former Police Officer I see that as more of a courtesy, and not the offering of legal advice, it's not against the law. I offered similar advice to people, depending on the situation. But is there more to the story? Because it's definitely strange that he came by your workplace to offer this. It's possible that he had some ulterior motive. Do you know him personally? What did the citing officer do to make you report him? In answer to your last question...I have never heard of any legal precedent about PO's giving legal advice. That doesn't mean it does not exist though. You may be able to get your ticket dismissed on other grounds but I doubt you will be able to get it dismissed on those grounds.
2007-01-03 23:17:37 · answer #4 · answered by Firefighters Wife 3 · 1⤊ 0⤋
You are a tool. From what you explained the officer explained what your options are, hence "such as ways to get out of the ticket, and what to say to the district attorney". He was not acting as a lawyer, he was giving you advice. He was trying to help you out. Nothing that anyone couldn't have said, even your neighbor or your mail man. Sooooooo, the next time you are face to face with the police (and there will be a next time) don't complain when they "treat you like a criminal", it's your own damn fault. Seriously, go to court and contest the ticket. Make sure you tell the judge or magistrate that the officer tried to be friendly and help. Then tell the judge that you reported the officer, and surprisingly, he wasn't fired. It will be nice when the judge increases your fine.
2007-01-04 03:21:54 · answer #5 · answered by Judge Dredd 5 · 0⤊ 0⤋
It sounds to me that you were robbed, either by real cops, or by some scumbags posing as cops, either way if your stash was taken and you got nothing, not even a citation you were probably robbed. I'm not knocking police, but there are many dirty pigs out there Without a warrant, or your arrest police have no right to search you or your possessions.
2016-05-23 02:06:18 · answer #6 · answered by Anonymous · 0⤊ 1⤋
OK I'm confused. You were speeding, you got caught, a police officer came and adviced you how best to avoid a prosecution and what to say to the district attorny to reduce the penalty...........and you complained about it????? Ok well that's odd.
2007-01-03 23:16:22 · answer #7 · answered by gerrifriend 6 · 1⤊ 0⤋
I think you had better ask an attorney. I'm not sure why you are upset if the person is trying to help you get out of your jam.
2007-01-03 23:05:02 · answer #8 · answered by beenthere 2 · 1⤊ 0⤋
People complain when the police don't give them a break, and when the want to help, people like you want to bust their chops. Sounds like you got a bad case of ingratitude.
2007-01-04 07:31:20 · answer #9 · answered by WC 7 · 0⤊ 0⤋
no, officers are not allowed to give legal advice. i know it is done all the time, and when i get legal advice from one, they ALWAYS tell me that "you did NOT hear this from me."
I always take their advice and keep my mouth shut.
- you didn't hear that from me :)
2007-01-03 23:09:15 · answer #10 · answered by onalaska_speedracer04 3 · 0⤊ 0⤋