"You were wrong. As for the Thanksgiving thing, didn't the guy that showed up at his home get arrested?"
I too, had thought Mr. Barrall had been arrested. Others may know more than I in regard to this, so they may have something to add. Mr. Barrall was never handcuffed, nor was he read his rights. Are those normal procedure when someone is arrested? Gunpowder, you have discussed this before. Perhaps you could provide some insight?
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13 comments:
To be "arrested" you are handcuffed and read your rights.
He was just being "detained"
Same thing as a DUI. You arn't arrested, but you are handcuffed and taken to the police station.
Ahh, the wonderful anonymous.
Actually, Wayne Barrall was notified by the officer that charges were proffered against him. At the start of the officer's next shift, Wayne presented himself to the officer where he was presented the charges.
He was never taken into custody.
This was hardly an arrest.
He was finger printed and charged. He was arrested.
Karma will find Joe one day.
They shouldn't have needed to finger print him! fireman and police officers prints are already on file!
So what is it JOE!
Can't answer for Delaware.
But in Maryland, a DUI charge (or any other must appear traffic offense) is an arrest. You are not free to go you are in “CUSTODY” - this is beyond a mere detention. An officer will tell you, "Sir/Madam,(in some cases with no audio taping – ‘Asshole’), I am placing you under arrest for DWI, or DWS, or any of the "Must Appear Offenses."
The arrestee is either: Allowed to go, upon signing the ticket [wherein he acknowledges the charge(s) for which he was arrested and promises to appear at trial when notified.]
OR He is "presented" [taken] before a Court Commissioner who advises him of his rights, and then sets bail, or allows the arrestee/defendant to go upon his own recognizance a/k/a ROR-Released On Recognizance.
OR He if for some reason there is not a Court Commissioner available (or the Defendant is still too drunk to understand the process) he is taken to jail, and may then appear before a judge for a bond hearing. (The Judge can do all of the stuff the Commissioner does)
In a criminal charge.
It depends on whether or not a Judicial Officer – this usually means a Court Commissioner, but can mean a judge) issues a Criminal Summons, or an Arrest Warrant. If a summons is issued there is no “arrest” no fingerprinting, no entry in the NCIC, although there may be a listing in Maryland MILES ADR function under the Summons tracking number.
If a WARRANT was issued, then, my friend, you have (or will be) ARRESTED, “booked, Fingerprinted, Photographed, and your fingerprints will be sent/transmitted to BOTH the Maryland Central Repository (for Criminal Records) AND the FBI.
By the way: “Reading someone their rights” has nothing to do with it. You can “read them their rights” when they are not under arrest-“In Custody”. (Scares them into talking don’t you know].
And conversely, you can arrest them –take them into “Custody” and NOT read them their rights. The only penalty (not counting Departmental Policy) for not reading a defendant his rights is: You cannot use anything he says against him. He could confess to being on the Grassy Knoll in 1963, or kidnapping the Lindbergh Baby, and you could not use that information (or any evidence that you derive from that statement) against him.
That comment sounds a lot like "He called from a land line. End of story."
C'mon Joe, just because you say it doens't make it so!
Mr. Barrall says he was indeed fingerprinted and photographed. He then drove his own vehicle to the judge for, I would assume arraignment. The officer followed in another vehicle. Either way, I doubt we will have to buy WB soap on a rope (as Joe suggested we do) as he will more than likely get just a fine.
Ahhhhhhh, finally the truth comes out. F/N liars.
Who would the liar be?
Interesting thing about DUIs, The Daily Times, and SBYNEWS had a post about a Kathryn Beers being charged with DUI or DWI in November. Now nothing can be found about it. Joe took the post down. There is nothing on the Case Search about it either. How do some people get such privileged treatment?
BUSTED! Cracker Head
Somebody is F/N liar and a cracker head (whatever that is). Who is is it?
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