Legal Question in Criminal Law in Georgia
I have a question pertaining an obstruction charge. How to start? Well, I was at home watching t.v. with my boyfriend when i got a text on my phone (that is connected to my bank account), it told me that some one had just charged my card $1.07 from the loves travel stop by my house. I know it was not me because first i was at home at the time the charge was run, and i make it a point not to go to the store cause its high priced. Anyway, I called the place and talked to the manager of the store and told him this same story as above. I told him that i would like to veiw the cameras to see who it was since i had an exact time of the purches due to my phone. he said i needed a warrent to veiw the tape. None the less we got into a small heated argument on the phone as i drove up to the store to talk to him in person. He was tring to tell me that it was imposiable for the to use a card without it being present. That made me upset due to the fact that i knew some one had charged my card just a few minutes before, but i still had my bank card on me. So some one had to have typed my card into the incom. Now we were arguing but never did i cuss him or use vaulger language, and i never threatened him. So, when i get to the store i tell the cashier that i want to talk to the manager. He comes out and he askes me did i call the police, cuase i said i would when i was on the phone, but he told me they were already up there in the parking lot. So, I didn't. but when i got there the cop must have left cuase he wasn't there. So, he called the police, while h was in the phone i told the police that i was being irrate, even though i was not. So, when to police do finally get there, the officer walks right past me even though i said excuse me so i could get his attention so i could talk to him. But, he ignored me a walked over to the store manager, as i am walking behind him. When we stop at the back counter where the manager was the, police starts talking to him and the manager tells him again the i am being irrate and lound. At this time i am standing between the officer and the manager tring to get into the conversation when out of no where the officer tells me to step back away from the manager. I asked why i am not that close to him, he said cause i told you to. I told him i had no intent to do anything to the manager and back up one step. he tells me again to move back some more. Then the manager starts to tell the officer the same thing he was telling me on the phone that it is not possibale to charge a card that is not in the store, but at the same time contridicting his story by saying they tell their cashiers not to do it and have signs posted telling then not to take cards over the phones n-such. So, i point that out to the cop and the manager that he just contridiced his self, and futher say i have proof that it occured on my phone because of the text from my bank. The officer cuts me off and tells me that he is speaking with the manager not me and tells me to talk to the other two deputies that were there. So, i turn to the two depties and start telling them my story bout the phone and how its setup to my bank account and so one just as i told you at the top. They did not even look at me the whole time i spoke they were just listing to the other cop and the manager of the store. So, when i noticed the they did not even care what i was saying is said "okay i see you guys are not intersted in listening to what i have to say". At that time on of the deputies said "no one wants to listen to anyone who talks to much". With that statment i realized they werer not there to help me they werethere just for the manager. After that the cop that was talking to the manager asked me for my ID, I asked him why he needed it he said so he can wright up a report so i gave it to him. After a lil while he asked me how old i was, and i admitt i was irritated by the fact that they were treating me like a criminal even though i had not done anything wrong, so i smart-alikly said you have my id dont you. He asked me again and i said the same thing. then he hands me back my id and says fine i wont wright the report then. Then the other two deputies tell me to leave the store i said no not till i find out who charged my card. They again tell me to leave, so at this point i realize they are not and never where ther to help me just the store manager. So, when they ask a third time to leave the store i tell the i will after i call the police and get an officer up there that i willing to listen to what i have to say. so i pull out my phone and dial 911, and as soon as the dispatcher answers and i start to tell her i need an officer out to the store. One of the deputies grabs my habd with my cell phone nocking it to the floor, I trie dto pull away cause i am not sure at this point what is going on and he and the other deputy push me against the counter and handcuff me after they then tell me that i am under arrest for obstruction. They never read me my rights thru the whole ordeal. And i still don't see how they had any right to arrest me for wanting to find out who charged my card without my perrmission. Can you hepl answer this question for me.
1 Answer from Attorneys
Frankly you acted like an idiot and it is no wonder you face criminal charges. Any judge reading what you wrote would convict you based on your own words without even hearing from police and the store.
You need a good criminal lawyer. You also badly need to attend anger management courses to determine why you would act so inappropriately. Your conduct is so far beyond inexcusable that you have a likelihood of some jail time. The anger management course may assist you in a better outcome with your criminal case.
What a normal person would have done would have been to NOT run to the store and call their bank first, and then call the police to come to you and make a report.
To reiterate, you need a very good criminal lawyer, and I wish you well with your anger management course.
By the way, you don't get read rights when you get arrested. That is only required if an officer wants to question you and then use that statement in court.
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