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View Full Version : roastelk goes to jail....


roastelk
02-19-2011, 04:15 AM
I need some advice, as I got nabbed by the fuzz in Kentucky for supplying a minor with alcohol. This whole thing is stupid as said minor is another guy i work with, who I drink with on a regular basis. he went down to Kentucky with me for the machinery installation and set up, I'm training him on the nc controls system ( legal age is 18 where i live, hes 19)

we were having a couple beer on the balcony of my hotel room when a cop walked by and decided he needed to knock on the door and Id him.
I don't think the cop knew what to do when he pulled out a Canadian passport, because he became real agitated and took us both in (for intoxication). Buddy got a couple hundred dollar fine that he had to pay before being allowed to leave. I wound up spending a couple nights sharing a cell with drunk guys before I was finally let out on a bond. I'm supposed to fly back for a court appearance in a couple months.

apparently its a felony punishable with prison time in Kentucky. so, I'm considering skipping court and never setting foot on US soil again. the bail amount is low enough I can pay off the bond agent, wont be buying that ski boat for several years though.

no difficulties at work for me, my boss thinks this is the biggest load of BS hes ever heard

Deadlokd
02-19-2011, 08:06 AM
The US has some fucked up rules. My advice is to get a Kentucky lawyer that knows his stuff. Will cost you a bit but not as much as losing your bail.

Kyuss Apollo
02-19-2011, 08:49 AM
I'd suggest to at least consider deadlokd's idea--you can always skip out later if it looks like its not going to work out favorably for you, or even pull off a daring escape.

Since you have no record in KY I assume, that will help. What's your Canadian rap sheet look like? If that's clean too then all that should be factors in your favor.

Doctor X
02-19-2011, 10:07 AM
GET A FUCKING CRIMINAL LAWYER.

If I could make that "flash" I would.

--J.D.

Clutch Munny
02-19-2011, 01:46 PM
These Americans are crazy.
:obelix:

Watser?
02-19-2011, 02:27 PM
A 19 year old minor? Yeah, these Americans are crazy...

ITSOZAZ
02-19-2011, 03:01 PM
america is fucked up. the police are fucked up.

good luck!

livius drusus
02-19-2011, 07:12 PM
I think it would be worth it to get an attorney. This is such a piddling bullshit case, I wouldn't be at all surprised if it never went to trial at all.

Protip for the future: never let a cop in without a warrant. Ever.

LadyShea
02-19-2011, 07:39 PM
Yeah, I would at least call some criminal attys in KY. Most people without records wouldn't get jail time for this. If he were an actual minor, that would be contributing to delinquency, and maybe harsher. Underage drinking by adult Canadians in town on bzns, I would assume a fine.

As far as a warrant, as they were in view of the public street/sidewalk, and the cop had reasonable suspicion a crime was being committed, under most circumstances I would say that's a valid Terry Stop (detain and ID for you non 'Murkins). I dunno if the fact that a hotel room was between them makes a difference.

livius drusus
02-19-2011, 07:52 PM
I don't think seeing a youthful guy drinking a beer on a balcony is in and of itself probable cause for a warrantless search. It's certainly iffy. I think any halfway decent lawyer will get that shit tossed out with little effort.

LadyShea
02-19-2011, 07:54 PM
Oh I have no doubt there is plenty of room for a decent attorney to get it thrown out.

Ari
02-19-2011, 09:07 PM
Alcohol laws vary state by state, getting a Kentucky attorney is a good idea.
In Kentucky you need three DUIs before it's a felony, so I doubt they will put you away for allegedly furnishing alcohol to someone underage.

The cops actions were questionable. Private alcohol intoxication isn't illegal, if you were in your hotel room there should be no reason to take you in for intoxication unless he wanted to be a dick.

roastelk
02-19-2011, 11:01 PM
I don't think seeing a youthful guy drinking a beer on a balcony is in and of itself probable cause for a warrantless search. It's certainly iffy. I think any halfway decent lawyer will get that shit tossed out with little effort.

hes a young looking 19, i was just dumb and forgot about the US drinking age. BTW, I don't know if this holds true in the states, but Canadian police can ask for Id from any one at any time and for any reason. so I never really thought about it. being ID'ed is not the same as being searched.

I am in contact with a lawyer, she says the intoxication charge will most likely be thrown out as i was basically in my hotel room. apparently this law has a big fuzzy Grey aria the Kentucky police use to detain people for no reason with.

as for the contributing to a minor offense, she says it not likely to get jail time. more likely a big fine, and or community service. although community service would be a big pain in the ass for me, probably more so than jail as you get room and board in jail.

other notes...

-other than the above trouble Kentucky was quite nice. I enjoyed the warm February weather that the locals were calling cold. They do look at you odd when your wearing shorts and a t-shirt at 50 degrees.

- installation went smoothly....took a coupled days longer than it was supposed to. I heard lots whispering and snickering behind my back...whisper whisper.. stupid Canadians...snicker

-I had a good long conversation with Jeremiah in the holding cell, he kept asking me about marijuana laws in Canada.

-The jail food wasn't to horrible, lunch and supper was some sort of a thin greasy stew with bread, got a little repetitive after the 2nd day. i couldn't eat the crappy breakfast porridge stuff

-Kentucky fried chicken in Kentucky isn't very good, its way greasier than it is up here in Canada

-I still don't like bourbon much

-tried chicken fried steak for the first time, probably wont buy it again.

Doctor X
02-19-2011, 11:17 PM
I am in contact with a lawyer, she says the intoxication charge will most likely be thrown out as i was basically in my hotel room. apparently this law has a big fuzzy Grey aria the Kentucky police use to detain people for no reason with.

Good. No problem with venting on the interwebs, but getting legal advice is about as reliable as getting medical and investment advice.

You will want to clean this since it can cause problems for you if you try to visit/work in the United States.

--J.D.

BrotherMan
02-19-2011, 11:20 PM
-tried chicken fried steak for the first time, probably wont buy it again.

:sadcheer:

I wish I could say "Well, maybe you should try such and such or blah blah blah," but honestly, it wouldn't matter.

LadyShea
02-19-2011, 11:22 PM
hes a young looking 19, i was just dumb and forgot about the US drinking age. BTW, I don't know if this holds true in the states, but Canadian police can ask for Id from any one at any time and for any reason.

US Police can ask anything at any time, however unless one is being detained with some cause or suspicion (traffic violation is cause), we are not required to comply. Cops know that few people understand this, so hells yeah they ask away. A good way to test whether it is a Terry Stop or a fishing expedition/show of authoriTAY, is to ask "Am I being detained, or am I free to leave?"

being ID'ed is not the same as being searched.

Here it is a type of search. There are various levels of search, with differing requirements to make them legal.

ETA: Asserting these rights can get you arrested for contempt of cop, then you have to bring it up in court and it can be a PITA. I have complied to a mere show of authority just to move things along (ID check during a traffic stop when I was a passenger, not driver), but I know my rights should I choose to assert them under different circumstances.

roastelk
02-20-2011, 12:37 AM
ETA: Asserting these rights can get you arrested for contempt of cop, then you have to bring it up in court and it can be a PITA. I have complied to a mere show of authority just to move things along (ID check during a traffic stop when I was a passenger, not driver), but I know my rights should I choose to assert them under different circumstances.

That sounds about the same as up here. Refuse an id check, and then even if it is in your rights the cop is still going to be wondering what your hiding.

I tried to be friendly with the guy, usually works better then telling a cop off, or ignoring, refusing him etc. But it still it got me no where.

roastelk
02-20-2011, 02:50 AM
although community service would be a big pain in the ass for me, probably more so than jail as you get room and board in jail.




on second thought I take back that statement. Jail could be much more of a pain in the ass in a much more literal sense of the meaning.

JoeP
02-20-2011, 07:53 AM
-Kentucky fried chicken in Kentucky isn't very good, its way greasier than it is up here in Canada

-I still don't like bourbon much

-tried chicken fried steak for the first time, probably wont buy it again.

Why do you hate their freedoms?

... thinks ...

Is it because they hate your freedoms?

I wound up spending a couple nights sharing a cell with drunk guys before I was finally let out on a bond. I'm supposed to fly back for a court appearance in a couple months.

apparently its a felony punishable with prison time in Kentucky.

Angakuk
02-20-2011, 08:21 AM
I like chicken fried steak with mashed potatoes and country gravy. Chicken fried chicken, on the other hand, is just plain stupid.

Good luck with the legal problems, roastelk.

BTW, I do like roast elk.

roastelk
02-20-2011, 05:32 PM
chicken fried steak....well the fried steak was bit tough for my liking, maby if you chicken fried some well tenderized veal, or pork tenderloin, or possibly turkey breast.


I regularly make schnitzel out of those three meats.

freemonkey
02-20-2011, 10:35 PM
I don't like chicken fried steak either. Question: why would you cover a good piece of beef with breading? Answer: to cover up a bad piece of beef. jmho.

BrotherMan
02-20-2011, 11:16 PM
That's usually it. I wouldn't cover a tasty cut with the best of all possible breadings. It's usually a tougher cut or a ground choice that gets it to make it more palatable.

Demimonde
02-20-2011, 11:37 PM
Omg, elitism! :onoes: It is to make a cheap cut eatable. Like many other culinary inventions began by the poor. Coq au vin comes to mind. I've heard in yankee states black eyed peas are used as cow fodder which is boggling to my southern sensibilities.

That said, a good chicken fried steak shouldn't be tough.

Qingdai
02-21-2011, 12:12 AM
"Yankee" states don't tend to have black eyed peas. Also cow fodder is normally ground up sick cows, lol southerner.

Doctor X
02-21-2011, 12:48 AM
I've heard in yankee states black eyed peas are used as cow fodder which is boggling to my southern sensibilities.

Blame http://poponthepop.com/wp-content/uploads/2007/04/fergie-lesbian.jpg

--J.D.

roastelk
02-21-2011, 07:37 PM
which states are Yankee states? As a Canadian, I'm used to referring to anyone who is an American as a Yankee.



oh, Ive got in contact with Canadian lawyer who specializes in cross boarder difficulties like mine. I Brought up the subject of my not returning to Kentucky, and hes going over few things with my lawyer in Kentucky. I'll probably hear back from them in the next week or so.

Dingfod
02-21-2011, 07:44 PM
Generally speaking, Yankees are from New England or pretty much anywhere north of the Mason-Dixon Line.

livius drusus
02-21-2011, 08:12 PM
In the northeast, Yankees are a specific subset of British-descended New Englanders. In the south, they're northerners. Outside of the US, they're all Americans.

Dingfod
02-21-2011, 10:01 PM
Damned Yanquis!

Watser?
02-21-2011, 11:00 PM
Apparently it is derived from Jan and Kees, two very common Dutch names. The New England area was where the Dutch settled before the British took over.

livius drusus
02-21-2011, 11:41 PM
The Dutch settled in New York (aka New Netherlands for the state, aka New Amsterdam for the city), which is not New England.

Watser?
02-21-2011, 11:44 PM
The Dutch settled in New York (aka New Netherlands for the state, aka New Amsterdam for the city), which is not New England.

Not just New York, here's a map (from Wikipedia):
http://upload.wikimedia.org/wikipedia/commons/thumb/8/8b/Nieuw_Nederland.png/468px-Nieuw_Nederland.png

And the Yankee/Jankees story I have read from many different sources.

Ymir's blood
02-21-2011, 11:55 PM
Hey settle down everyone. If the Dutch want to claim New England, that's perfectly fine. We'll start shipping the inhabitants over the pond shortly.

Watser?
02-22-2011, 12:22 AM
Hey what?! No, you got it all wrong. That's what happens when you declare them independent, not when you claim them.

Ymir's blood
02-22-2011, 12:25 AM
Sorry, it's too late to change your mind now. I hope you like lobster.

Watser?
02-22-2011, 12:27 AM
Well, if they are gonna bring lobster :drool:

Ymir's blood
02-22-2011, 12:39 AM
He bought it!
:sniggle:

John Carter
02-22-2011, 03:50 AM
The Dutch settled in New York (aka New Netherlands for the state, aka New Amsterdam for the city), which is not New England.

Not just New York, here's a map (from Wikipedia):
http://upload.wikimedia.org/wikipedia/commons/thumb/8/8b/Nieuw_Nederland.png/468px-Nieuw_Nederland.png

And the Yankee/Jankees story I have read from many different sources.

Well, on that map only Fort Goede Hoop is in New England and that is in the extreme southern portion of the region.

New England is generally considered to consist of the states Maine, Vermont, New Hampshire, Massachusetts, Rhode Island and Connecticut.

Doctor X
02-22-2011, 06:25 AM
Generally speaking, Yankees are from New England or pretty much anywhere north of the Mason-Dixon Line.

THERE ARE NO MOTHER-FUCKING YANKEES FROM NEW ENGLAND!!!11!

http://i170.photobucket.com/albums/u264/DoctorX_photos/Pap-Parade-IV.jpg

Hitler was a Yankee, however:

http://i170.photobucket.com/albums/u264/DoctorX_photos/MFY-Fan.jpg

:offended:

--J.D.

livius drusus
02-22-2011, 06:46 AM
Well, on that map only Fort Goede Hoop is in New England and that is in the extreme southern portion of the region.

New England is generally considered to consist of the states Maine, Vermont, New Hampshire, Massachusetts, Rhode Island and Connecticut.

:yeahthat:

I've heard the possible Jan and Kees etymology too, Watser?, but that theory posits that term was used by the Dutch to refer to the English settlers, not the other way around.

Watser?
02-22-2011, 11:06 AM
Oh...

In that case the other one makes more sense, where it's not JanKees but Jan(ne)kes (Little Johns). Jan was/is used for soldier or sailor sometimes.

Lauri D
02-22-2011, 07:10 PM
No but for reals, get a criminal attorney. It can be pricey for a good one but I've never spent a day in jail except for that one time. Which is I guess the point; do you care more about spending money or spending time in the clink? It's a difficult decision. But mostly, how will it affect your future? This is something that most people don't take into consideration and then they're like "OMG I have to account for all of these arrests!"

Get a fucking attorney. They will plead you out. The DA has way more important shit to deal with than some questionable underage drinking BS.

Dingfod
02-22-2011, 08:07 PM
Re: Yankee
1683, a name applied disparagingly by Dutch settlers in New Amsterdam (New York) to English colonists in neighboring Connecticut. It may be from Du. Janke, lit. "Little John," dim. of common personal name Jan; or it may be from Jan Kes familiar form of "John Cornelius," or perhaps an alteration of Jan Kees, dialectal variant of Jan Kaas, lit. "John Cheese," the generic nickname the Flemings used for Dutchmen. It originally seems to have been applied insultingly to the Dutch, especially freebooters, before they turned around and slapped it on the English. A less-likely theory is that it represents some southern New England Algonquian language mangling of English. In English a term of contempt (1750s) before its use as a general term for "native of New England" (1765); during the American Revolution it became a disparaging British word for all American native or inhabitants. Shortened form Yank in reference to "an American" first recorded 1778.