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O/T Im in trouble....advise please.

A

Anonymous-0

Well-known Member
I have two friends who are police officers...We always joke around with eachother, and share stories about work. On Facebook they have the ad about becoming a police officer. I alway gave them crap about anyone can be a cop. So we has out own code when they can come over for a beer or when im available. The code was my cell phone greeting that Im so and so a county sherrif...simple joke between friends.

Somone who doesnt like me turned me in now Im facing charges of Impersonating a Police officer. My police friends stood up for me but the arresting officer didnt care to hear their stories.

I never get in trouble..alway working with the farm ect.
I dont need this...what is a guy to do?
 
Well, to be honest, yeah its a joke but when time comes to stand up in court if it goes that far, tell them the story. Two against one. Explain why that person wouldve turned you in. Best of luck to you. May the honest person win correct?
 

At all costs you don't want a criminal record. Get a lawyer. Possibly he can go with to the police chief or sheriff and explain the situation and get him to drop charges, making it clear that you are prepared to fight it in court. I wouldn't plead guilty to any lessor charge unless you lawyer says there's no other way.

KEH
 
I have no prior record of doin anything criminal. And its not like i was going around flashing a fake badge or pulling someone over or anything like that.I dont know what laws apply but its just wrong...My law enforcement friends cant beleive they would do that.
 
First off, don't go posting about it on the Internet- kind of like what the land sharks call e-mail- "evidence mail". Sounds like they already have your c-phone records, time to be quiet and lawyer up- and choose your attorney well, your LEO buds should be able to steer you to someone who's not afraid to buck the "good 'ol boys". I would assume the arresting officer is from a different department, maybe city and county? Doesn't sound like something that a reasonable, responsible DA's office would pursue once they know you'll fight, and know who your attorney is. Unfortunately it's gonna cost you, but a LEO can pretty much charge you with anything they want to, and if you don't fight it, you'll go down.
 
Whether or not you violated the law depends entirely on how the statute you're charged with is written. Your LE friends should be able to give you an idea as to whether or not you violated the law and what your up against if you did.

"Usually" impersonating a public servant is applied when the impersonation causes someone else to do something they would not have otherwise done.

If the statute simply says you can't even express the fact you are a LE officer, then your message may have been in violation.

If so - check to see if there is a diversion program available to avoid a criminal record or a plea where a reduction to a non-criminal record can be earned after successful completion of sentence / probation.

You can obviously contact an attorney, but it may not be necessary. Too often I've seen people pay for an atty when they could get the same deal on their own. If your LE buddies have a clue on the laws they enforce, they should be able to tell you if you're screwed or not.

Not a lawyer, but over 20 years a LE Officer.
 
If you have never represented yourself as a peace officer, even in jest, to anyone other than your two friends, both of whom know perfectly well that you are not, then you haven't impersonated anyone.

If someone overheard you recording the message, or called into your phone and heard it, you haven't done anything wrong.

If you represented to someone not "in" on the joke that you were a police officer in person or directly over the phone, then the laws in some places would define that as impersonation. Others places might say that impersonation only takes place when you identify yourself as an officer, and demand some compliance that an officer could demand of someone, like putting disco lights on your dash and pulling people over and accosting them with some kind of uniform and badge as an extreme example.

But an answering machine message???? I answer my phones, "Main gate, St. Peter speaking," or, "St. Aloysius Home for Unwed Mothers, how may I direct your call?"

If the guy who heard the message and is stirring up the trouble knew that you are not an officer, then no harm was done.

Get a lawyer. Depending on the circumstances, this could all go away very quickly, or not.
 
I agree that you didn't cause anybody to do something they wouldn't have otherwise and you didn't gain anything from it. What about all the people who have answering machines trying to impersonate people? Some people would have a message like that to deter burglars if they are away. What about Halloween? One other thought, could your cop buddies be pulling a fast one on you? I think the worst thing that could happen is that you're told not to do it anymore. If it goes any further, they must have nothing else to do there. Dave
 
If it went to court, the person that doesn't like you would have to testify. If he's the only one, other than your cop friends, to hear it and knows full well your not a cop, I can't see any charges being laid. The fact he doesn't like you would come out and trying to have you charged would just look likes he's seeking revenge or trying to get you in trouble. It was a cell phone and not a land line. Unless you're cell number was listed somewhere for the general public to call you, only people you gave the number to would be calling you and they would know you're not a cop. You never had any intent to impersonate a police officer. It was a joke between you and your cop friends. It they go after you, they should be going after your cop buddies even more because they knew what you were doing from the beginning and did nothing to stop you. Dave
 
Could NOT have said it better myself.

Law 'enforcement' is NOT your friend.

The 'blue brotherhood' protects its own.
 
Yeah, I believe you. Like somebody said earlier, it's just a revenge type deal. And to the person who said they answer their phone goofy all the time, heck, who doesn't from time to time. Right? Some people right?
 
It's just the same old shake down. Might as well resign yourself to the fact that it is going to cost you about $2,000. You will have to get an attorney, prosecutor will threaten all this stuff, your attorney will get them to plead it down to something minor. You loss sleep over it, the embarassment, and then they grease the palms of everyone on the other side with your money and when they all get together in a smoke filled room, your attorney will be there and they will all yuck it up over screwing you over.

It happens all over.

I trust no cop, I will take my chances with the crooks but I am more afraid of the cops.


Gene
 
I am no longer a town justice, though I used Judge-------------- as my e-mail address, am I violating the law? Our neighbor who is a Depury has the largest mouth around!
 
An interesting note. If your "friends" are willing to testify in your behalf in open court agianst the arresting offices concerning the reasons the message was created and how it was intended, it's very unlikley the charges will get anywhere. cops hate to have other cope testify agianst them in court. jury would never convict when 2 cops testify for the defence.
 
Impersonating a police officer is a serious offense, and even if no harm was done or intended it can land you in a bunch of trouble. You need to talk to a CRIMINAL lawyer.

The fellow who turned you in need not testify in court. All the prosecutor needs is the testimony of the arresting officer that he observed you impersonating an officer. If there's any possibility that your message might mislead someone into thinking you're a cop, you are in serious trouble.
 
I am a Court Bailiff and maybe I can give you a little advice. Did you recieve an notice date paper for a Court appearance? The procedure for Court will be as follows: First you will be arraigned on whatever charge they decide the actual crime entails. Sounds more like a Tele-communications Misdemeaner than Impersonating an Officer.Whatever the charge is you will be arraigned on that charge At the arraignment you have two decisions to make: 1. If you want a Lawyer(Court Appointed or your own) and 2.How you want to plea, Guilty or Not Guilty.
My advise is to plead Not Guilty and return for a pre-trial at a later date.
At that point you or your lawyer can then discuss the case with the city attorney. Most cases are settled at this level,..usually a plea agreement to a lesser charge comes out of this meeting. If you don't come to an agreement, you can then go to court for a jury trial.I doubt the Prosecutor will go as far as a trial,..costs too much and takes up court time bringing in a jury,..especially on such a petty charge. It may cost you some $$ as some other posts have suggested,..then again the charges may be dropped entirely after the prosecutor hears your side of the story.
 
I am retired after 21 years on the job and I don't think you are, in fact, in trouble. Hurryin hoosier gave you good advice already. The law requires there be intent and you didn't have intent to do anything wrong. The bailiff also asked some good questions - if you in fact have a court date then by all menas get a lawyer, but I think you are going to be fine. Just don't do stupid stuff aymore.
 
If the officer responded to a complaint but never witnessed him impersonating an officer, the person who filed the complaint would have to be called as a witness. As far as I know hearsay isn't allowed by anyone because the person can't be cross examined. The whole thing sounds likes it's just a case of somebody trying to stir the pot with someone they don't like. There was no intent to impersonate an officer and until they can prove that there was, they don't have a case. Having the 2 cop friends testify to that should end the whole thing. It was a message on a cell phone for peets sake. If it goes any further, the 2 cops should also be charged because they knew about it and did nothing. It was a message on a cell phone and was harmless. Dave
 
Dave, his original post was unclear. But I made the assumption that the arresting officer, operating on a tip, called his phone and listened to the message. That's all a prosecutor needs. People are convicted every day on less evidence.

Let me make an example: Suppose you are driving down the road and see the car ahead of you being driven erratically. You call the police, and a few minutes later you are passed by a police car, which follows the other car for a minute, then pulls it over and arrests the driver. Do you think you'll be called to testify? It's highly unlikely. Same thing here.
 
I agree with an impaired driver. If they catch them soon enough they can do a breathalizer/sobriety test. People have all kinds of messages on answering machines though and often impersonate other people. You can even buy recorded messages impersonating famous people. Being that it was on a private cell phone with an unlisted number should make a difference. Also it was a message, he never talked to anybody claiming he was actually a sheriff or gave any info that a sheriff might. Someone could have a message like that to deter thiefs. From what I can tell it was only between 3 people and the complainer some how got his number. I think the courts and police should have much more important things to do than make any kind of a deal out of this. Nobody was harmed in any way. Should his cop friends lose their jobs over it? They are supposed to know the law and did nothing about it. I'd be curious if either of them are more senior officers or the arresting officer is the more senior officer. Dave
 
Some people just don't like jokes. Don't joke about bombs while on an airplane or going through airport security. Don't joke about guns when arguing with someone. Don't joke about a fire while in a crowded theater. The list goes on.
 
Lose the cell phone.My wife insists I have one because I work alone in the woods.I keep it turned off.Cell phones are the biggest pest ever invented.I use mine to call customers to let them know their fence chargers are fixed.I dont have to enter 88 digits to make a toll call.I disconnected the shop phone because I couldnt get any work done on account of the constant calls from telemarketers.people putting out personal info on facebook and you tube are nuts.I doubt your district attorney will ever let this Bs go to trial.Insist on a jury trial, that will get you a letter that says This case does not warrant further prosecution.
 
Well, now you have admitted it, in writing, on this board. Dont be suprised if they have this thread in the court house when you go in. If the guy went so far to try to get you to have the cops listen to your cell phone, then thay can pull up anything you post over the www and use it in a court of law. Tom
 
You are a JOKER your friends are jokers, lighten up it is a joke, but you prolly know that by now, a good practical joke is A thing of beauty, been on both sides,never let them see you sweat!
 
It says we in his post. Do you think they're going to fire 2 cops over an innocent message on a private cell phone? I wouldn't think so. Common sense should prevail. If everything left on a message should be taken as fact, everybody is going to be in a lot of trouble. Dave
 
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