"I happen to be a criminal defense attorney who sees this a lot. Officers often don't even know their own laws, literally. They will make a criminal citation where none is warranted, believing they know the law."
And go ahead and tell'em Sir.
If you get a citation for a supposed "law" that you didn't break and you pay the fine or say you don't and you do the time. Then it's not the cops responsibility. YOU are supposed to know the law and if you get screwed because you didn't then it's on you. Let's say, you get a citation for carrying a concealed weapon. A knife in this case. Plead guilty, pay the fine. But it's not illegal. Tough doo-doo.
Not sure what the comment was intended to convey? I frequently have clients charged with crimes, that are not, in fact, illegal.
Had one client (a fire fighter moving all his belongings), get stopped. He had a .22 caliber pistol in a holster on the seat in the vehicle. It was not loaded, and was in plain sight. The officer charged him with "having a gun in plain sight".
The statute he cited to was one for leaving a gun in your vehicle (it has to be unloaded and out of sight, and you have to lock your doors).
Can you guess what the prosecutor said about that case when I told her the officer did not know the law?
"Officers would not be charging people for stuff that is not illegal". I told her to read the law........I even handed her a print out (since I could not force her to look at it on her computer in court). Her response was "you can't make me read the statute..........If you want to make me read it, write a motion, or set it for trial."
My response to that was that if she refused to even read the law she had a duty to up hold, I would set it for a jury trial, and make a huge sceene and demand costs from her office, and then file a bar complaint.
She read the statute, and dismissed the case. She, the prosecutor, did not know the law, and was snide about being informed, or forced to read it.
It has been a common occurrence in my experience.
Unless you are saying you are fine with the people that our government pays to enforce the laws, to be ignorant of said laws?
If an officer decides to give you a criminal citation, even if your actions were not illegal, you have just lost money (unless you are unemployed, and happen to live walking distance from the court house, and have nothing better to do).
The county I practice in is a huge county. Many people who are criminally cited are only passing through (visiting for a concert from Canada, or driving from one side of the state to to the other). If you have to come back to my county from Canada, or from Seattle, or Montana, or California, you have just lost hundreds or thousands of dollars. You will not have an opportunity to argue with the judge or the prosecutor about the merits of your case at your first appearance (arraignment). They will only want to know if you are pleading guilty or not guilty, and if you qualify for a public defender or intend to hire private counsel.
You will then have your court date reset to another date a few weeks to a month out. You will then come back again, and possibly a third time, to even have a trial date set (if that is your demand). You can loose thousands in lost work and travel expenses to deal with a case in which you did nothing against the law. Do you believe that the officer, or the prosecutor is going to smile, and hand you a check to cover your losses and say "oops, my bad"? I can guarantee you they won't. If you can get a case dismissed, even where you were not in the wrong, they will act like you are getting a huge favor, and were likely doing something wrong, but they just can't prove it.
If you don't show to the first court date, you will get a warrant. You can pay to have it quashed, and if you miss another date the warrant won't be quashed where I am at. You can either sit in jail if they find you, or pay the bail.
If you live in another state, the warrant may suspend your license in WA, and eventually suspend your license in your home state. At which point every time you have contact with law enforcement while driving, you will be criminally cited. Until you come back to WA, and deal with your case.
I have had clients from other states, or Canada finally decide they wanted to deal with a case 20 years later, because it was causing them trouble, even though they said they were never coming back to WA.