heres another reason why I was "incarcerated"
Pretrial detainees are incarcerated individuals who are held in jail pending disposition of criminal charges against them, and who have not yet been convicted and sentenced or acquitted.
thanks
Discussion in 'Questions From New Drivers' started by SanJoaquin209, Dec 29, 2010.
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I guess since I was released, to await trial, does this mean I was not incarcerated?
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Okay. Next time the question comes up, ask for clarification. Do they want to know if you were serving time on a sentence or just sitting in the drunk tank for the night? And then answer accordingly.
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you werent convicted of any crime--just leave it at that--dont read more into their questions
you werent really incarcerated -
They just wanted to know if I was incarcerated. so i said yes and told them why and the verdict. I am going to argue it tomarrow
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Am I to understand that the judge required you to go to AA classes? Yes or No?
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Yes the judge said he would dismiss the case if I were to do 10 AA meetings, instead of wasting time trying to fight the case I said yes. I did the 10 AA meetings, and he dismissed the case.
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From a laymans point of view, accepting the adjudication from the judge to participate in a court ordered AA program is not the same as being found innocent or acquitted. To me, it is the same as pleading no contest and taking the medicine the judge dished out. The same as obtaining a speeding ticket, paying for and going to safe driving school to keep the conviction and points off your license. If you were truly innocent, you should have fought and protected your freedom. The judge dismissing the case after you completing the adjudication is not and never will be the same as being found innocent of wrong doing.
Lady K Thanks this. -
And in no way shape or form does it say I am guilty. The judge gave me the benifit of the doubt under his terms. If I was in fact truly guilty and they wanted to prosecute they would have proceeded to do this. I made a valid point that there was never a alcohol test done on me. No proof, and that I was going to take this to trial, he said "look, I am going to give you the benefit of the doubt because of your good criminal history, (none) but I do want you to attend 10 aa meetings to see what alcohol does to people." I said okay that's easy and will save me time. I dont feel like driving 4 hours one way to prosecute this if I can have it dismissed this way.
It is not the same as pleading no contest, because I did not plead no contest. -
The fact of the matter is that I was booked and released, as a Pre-trial Detainee. (Detained for booking) Then released to await trial. Not the same as incarcerated. Incarcerated is to spend time in jail. I never gave over personals and received the classic orange jumpsuit then sent into a cell.
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