Police wanted to arrest my pregnant girlfriend

138 posts in this topic

It sounds it, but there are many aspects of the story that don't add up. It sounds like details are missing. Not necessarily because the OP is hiding them, but he could be unaware of them, or might not understand them.

 

I would have thought that even in Germany the police don't suddenly turn up and arrest someone for one incident of fare dodging (much the same as councils in the UK don't suddenly slap £600 fines on people for one bin infraction).

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Am I the only person who has a feeling this was a scam?

 

Where they uniformed officers? Did they have an official warrant (forget german word) to show you?

 

Seems fishy.

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Serenajean yup that's exactly how I feel.

I mean anyone can practically go buy a Polizei custome at a Karnaval/Costume shop for Fasching.

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Actually, reading more carefully, it is exactly the same as the £600 wheelie bin charges.

 

OP's girlfriend skips the SB fare. Gets caught.

 

She then ignores the fine, either deliberately or through a misunderstanding.

 

This whole mess isn't down to skipping the fare, its down to avoiding the fine that came afterwards. It's a non-payment of fines scenario, not a fare dodging one.

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And if I wanted to dres up and defraud someone, I would target those who would face panic, pregnant women, immigrants, elderly, single moms.

 

OP have you called the police to verify the authenticity of the claims?

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Sorry, but the suggestion of a scam that just sound like immigrant double think ("something bad happens to little old me, it can't possibly be real, must be people plotting against me"). I rode black and did not pay a fine (that infraction is real, it was not invented by the "police") but it can't possibly really be the police after me, it must really be some sort of elaborate dupe.

 

I've certainly heard of similar heavy handed approaches to getting money before (also with the tax authority). It's not that unusual a process when it comes to debt collection.

 

My advice. Take it through the process. The payment is settled. You have papers, you got a receipt for the money etc. But if you have issues with their treatment, then follow them up.

 

It's the OP that's not given us the whole story here, I'd guess - the later fine, the ignored summons etc etc. I also don't get the "but she's pregnant" line as a justification for being above the law and it not applying to you. All the more reason to not do stuff that might get yourself into trouble, I'd have thought.

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At least you should have a receipt for the money. I am not an immigrant, and this sounds like a scam to me - given that we heard all there is to hear.

If we didn't- as swimmer suggested, it might be one of those cases of ignored bills backfiring.

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Actually we just called them today. it was not about the daughter that letter was delivered by hand. They have now given a different date of when it was. 2009 and said that if the letter did not come its not their problem they only sometimes send it registered and we wont get the money back. we actually spoke to a post women in the street about the letters and she said there is cases where they get lost because they are only sent registered if the authorities consider it important.

 

I think ´notdeadyet' seems to have hit the nail on the head though: ´I don't give a shit whether someone got caught schwatzfahren.. €600 is obsessive.

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It is not really obsessive, if you consider the time spent on the "case" by all different kinds of people. It takes a while and ignored bills until it adds up to 600. It is their work and time that has to be payed. And I don't know why people think schwarzfahren is ok while nobody would say the same if you took a cab and tried to get away without paying.

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2009 and said that if the letter did not come its not their problem they only sometimes send it registered and we wont get the money back.

Step 1: Antrag auf Wiedereinsetzung (restitutio in integrum) with the court that issued the Strafbefehl (within two weeks).

Step 2: Eidesstattliche Versicherung (statutory declaration) that you did not receive the original letter (same).

 

Result: Court decision on whether the restitutio is legal, and whether the case should be reopened. As part of this the Zustellung mode of the Strafbefehl has to be explored. While an Ersatzzustellung is legal (usually invalidating a restitutio), an Ersatzzustellung would still produce a signed witness account on behalf of the Post that a registered letter was dropped in your mailbox in lieu of delivering it in person. If it wasn't sent registered i'd see good chances for the case being reopened.

 

 

the lost mail sounds fishy to me. There must have been a couple

 

Can be done with a single letter, a Strafbefehl from the Staatsanwaltschaft. You have to file your objection to that within two weeks after receiving it (leading to a court hearing), otherwise you accept that you have to pay a certain fine.

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Actually we just called them today. it was not about the daughter that letter was delivered by hand. They have now given a different date of when it was. 2009 and said that if the letter did not come its not their problem they only sometimes send it registered and we wont get the money back. we actually spoke to a post women in the street about the letters and she said there is cases where they get lost because they are only sent registered if the authorities consider it important.

 

I think ´notdeadyet' seems to have hit the nail on the head though: ´I don't give a shit whether someone got caught schwatzfahren.. €600 is obsessive.

 

Thank you clarifying it wasn't a scam (for some). As you bailed her out a police station that was blatantly obvious.

 

I am sure she would have received more than one letter, she forgot if may have been caught? Perhaps she also forgot about some letters?

 

600 € - it actually becomes more and more expensive, the longer one refuses to pay.

 

Or she has forgotten that she has had a previous conviction(s) for schwarzfahren?

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600 € - it actually becomes more and more expensive, the longer one refuses to pay.

 

Nah, it doesn't. Not with a legal fine ordered by a court.

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Thank you clarifying it wasn't a scam (for some). As you bailed her out a police station that was blatantly obvious.

 

I am sure she would have received more than one letter, she forgot if may have been caught? Perhaps she also forgot about some letters?

 

600 € - it actually becomes more and more expensive, the longer one refuses to pay.

 

Or she has forgotten that she has had a previous conviction(s) for schwarzfahren?

 

I did not realize they actually detained her, the first post kind of went back and forth it was unclear to me :)

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@kato - If she was a first time offender, she would not have to pay 600 € fine.

I meant if you get a fine, ignore it, then the fine goes up.

I don't quite understand?

 

@Serenajean I read it twice to understand it, and to be honest I still do not understand the whole scenario ;)

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If she was a first time offender, she would not have to pay 600 € fine.

 

If she was convicted for the crime of Erschleichung von Leistungen (obtaining services through fraud, §265a StGB), the first round would be a fine in exactly that ballpark. A first repeat conviction would be 3-6 months suspended sentence, a second repeat would usually be 6-12 months jail.

 

This is not about a fee issued by the transport company, but about a legal fine ordered by a court (or, more likely, an offered fast plea deal from the Staatsanwaltschaft in the form of a Strafbefehl that was accepted by not responding). While fees can go up by tacking on administrative costs and interest, this is not the case for a legal fine.

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Thank you very much kato. I have never dodged fares.

 

However would she have received more than one letter and would she have had to have been personally at court to be convicted for Beförderungserschleichung?

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Of course Police can enter your home.

 

You say this so blithely. Do you mean to say that the police here can enter my home just because? Without a warrant, probable cause or permission? Say it aint so!

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Stiffing a Strassenbahn Ticket: 600 Euros

 

Flicking some asshole off on the Autobahn: 1000 Euros

 

Killing someone here who might've lived until they're freaking 90+ years old: Average of 21 year sentence

 

Deutschland - "Prioritäten? Nein Danke!"

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