Aces High Bulletin Board

General Forums => The O' Club => Topic started by: JB88 on August 18, 2006, 03:54:31 PM

Title: help.
Post by: JB88 on August 18, 2006, 03:54:31 PM
help.

spent the night in jail last night.  

:(

here is the all too late report that i am working on to explain myself.


www.augustradio.com (http://www.augustradio.com)


i don't know what to do.

i had thought that matter was closed and then suddenly the officer shows up with a grin and a warrant.  

i feel that i am a decent upstanding citizen and i don't want a permanent record.

help.   what do i do?
Title: look away dixieland.
Post by: Nightshift82 on August 18, 2006, 04:45:58 PM
I studied Criminal Law in New York for awhile so I don't know too much but what advice I can give you is;
-First off, you need to lawyer up.

-Make sure that you story is 100% true, every single detail

-Make copies of your story and the pictures

-File a restraining order against him, the police saying "next time I come out here; I am taking you both to jail."  isn't good enough

-Go through with you're complaint agenst the officer
"The 2nd conversation with the Lieutenant was in regards to a pending complaint being filed by my girlfriend against Officer Skipper. The Lieutenant conveyed that such reports are frowned upon by the rest of the department and often "bring about chastisement" from other department members, and hinted that my case would be better served by not pursuing the matter further." - make sure to report this statment made by the other officer.  It is completly unprofessional.

-Don't EVER talk to the police about this matter with out your lawyer present

-Let your lawyer do the talking with the court and police



That's about all I have
hope it goes well

Night5
Title: look away dixieland.
Post by: JB88 on August 18, 2006, 04:54:02 PM
thank you nightshift.

i should also mention that one of the illegals over there told me that if i contacted immigration, i would come to harm.

needless to say i told him to get stuffed.

i am really tired of these people.


just these.





how does one get a good lawyer when one is an artist?  i'm screwed arent i?  

should i just say fark it and go with the toughguy mickey rourke phase or do i have options that i have yet to see?
Title: look away dixieland.
Post by: Yeager on August 18, 2006, 05:19:18 PM
In the good old days I would have recommended you just shoot the SOB and move the car yourself, but I think sandman would disagree with me on this point :D

It really is too bad we cant just shoot trouble causing bastards.  The world would be such a wonderful place :aok
Title: look away dixieland.
Post by: Nightshift82 on August 18, 2006, 05:20:55 PM
What excatly are you being charged with?
Title: look away dixieland.
Post by: JB88 on August 18, 2006, 05:27:05 PM
simple battery sir.  

i bonded out this morning (having not slept...still havent) at 1,500 dollars with a sept 15th court date.

i am told that although it is a misdimeanor, it will remain a part of my permanent record and i may have to face up to six months of probation and various other penalties including anger management classes.

i cant afford to pay these penalties because some officer doesnt like me because i asked him to quit driving down my road at 40 miles an hour.

i want to fight it.  i really really want to fight it.


thus dixieland.                                          

i'll make my stand, to live and die in dixie.  

(im a midwestern transplant btw.)


just need to know how.
Title: look away dixieland.
Post by: Nightshift82 on August 18, 2006, 07:19:52 PM
Just price out lawyers, look for ones that give free first consultations and talk to them.  I moved down here in NC from Buffalo, NY about a year ago so I understand.  Call around, and STAY CALM.  If these illegals want to play games too, just call County or State Police on them, stay away from the local boys.

Here's from the FAQ pages from the US Customs website     http://www.ice.gov/
they take care of illegal aliens.  Try giving them a call and reporting them.

How can I help ICE protect my home, business and community?

Notify ICE of inappropriate or suspicious behavior, including communications received by phone, fax, e-mail, third party, verbal communication or in writing. Always report crimes. To report suspicious activity, call our toll-free tip line at 1-866-DHS-2ICE.
Title: look away dixieland.
Post by: Sandman on August 18, 2006, 07:30:16 PM
Quote
Originally posted by Yeager
In the good old days I would have recommended you just shoot the SOB and move the car yourself, but I think sandman would disagree with me on this point :D

It really is too bad we cant just shoot trouble causing bastards.  The world would be such a wonderful place :aok


How did SOB and I get dragged into this?

Best of luck JB.
Title: look away dixieland.
Post by: DREDIOCK on August 18, 2006, 07:58:34 PM
Your an artist and your worried about your permanent record for simple assault??

they gonna kick your out of the artists guild or something?

Hey, your an artist. Use it for publicity.
Maybe sell more pictures that way.

LOL either way dont sweat it too much

See if ya can get the charge changed to "Fighting in public"

Sounds more macho ;)
Title: look away dixieland.
Post by: nirvana on August 18, 2006, 11:01:38 PM
You didn't want him to get possibly deported because of his citizenship status?  You might be a bigger man then I, because I don't care if he was illegal or not.


Good luck.
Title: look away dixieland.
Post by: shooter1cac on August 18, 2006, 11:16:00 PM
Just a tip:
Get a belt and a nice size, heavy belt buckle.
Buckle whip the sod to within an inch of his life when the court date is over..and then call the friggin border patrol on him.
Title: look away dixieland.
Post by: DREDIOCK on August 18, 2006, 11:48:45 PM
Quote
Originally posted by shooter1cac
Just a tip:
Get a belt and a nice size, heavy belt buckle.
Buckle whip the sod to within an inch of his life when the court date is over..and then call the friggin border patrol on him.


Better yet.

Take him Gator hunting.

Use him as the bait:D
Title: look away dixieland.
Post by: rpm on August 19, 2006, 12:03:20 AM
First, you will always have an arrest record. If you are aquitted then you will still have an arrest on your record. Definitely lawyer up. You might also want to know this is a "you get what you pay for" situation. The lowest priced lawyer may not be your best buy.

You might also want to carry a small voice recorder in your pocket. Turn it on anytime Hector or any of his gang speak to you. That way Officer Skippy and his pals will have to listen to your side of the story.

Good luck!
Title: look away dixieland.
Post by: kamilyun on August 19, 2006, 12:36:49 AM
I've seen too many people get burned by "trying to be nice" and "hoping to settle things without police".

1.  Document EVERY incident as best you can.  Email friends and family.  CC yourself on it (make a new account like JB88legaldefense@hotmail.com :D)
2.  Find a sympathetic lawyer (anti-illegal alien group, right-wing neo-con group, whatever...the point is they will be on your side).  CC their email address with every single incident or threat of violence against you.
3.  Contact your landlord.  CC him with every single incident.  Depending on the relationship you have with him vs the other tenant (Hector's friend?) they might get the boot just by your persistant complaints
4.  Constantly think about self-defense: Keep a screwdriver (knife, gun?!) in your car/truck.  
5.  Maybe play ball with the cops.  Get them on your side.  If it means that you have to drop the complaint against the officer, then do it.  At a minimum, I would go to the station, ask for a few minutes to talk it over.  Explain the situation to them--everything.  Behave as a "concerned citizen" would.  Ask for the names of the officers who patrol the area.  Acknowledge that the situation got out of hand before, but that you will do everything to obey the law and avoid confrontation, blah, blah, blah.  In a nutshell:  Use them. :t

Then it's up to you to decide how much you want to put up with them (Hector and co.) or shove it to them.  I'd freakin report them all if they were giving me crap.  But then again, I own a .45 and wife can use it, too.  

I had a problem with a drunk, low-life neighbor (and his drinking/using buddies).  Called the cops to make sure incidents were documented.  Talked with neighbors to make sure everyone was on the same page.  It's all about net-working and getting people to back you up.  That way, when another incident occurs (hopefully not) you'll have everyone (and hopefully the cops) on your side.

Good luck.
Title: look away dixieland.
Post by: Slash27 on August 19, 2006, 01:37:47 AM
Quote
Originally posted by rpm
First, you will always have an arrest record. If you are aquitted then you will still have an arrest on your record.  



You can get an arrest removed from your record.
Title: look away dixieland.
Post by: rpm on August 19, 2006, 04:30:45 AM
Quote
Originally posted by Slash27
You can get an arrest removed from your record.
I hear you can get blood from a turnip just as easily.
Title: look away dixieland.
Post by: DREDIOCK on August 19, 2006, 09:29:25 AM
Quote
Originally posted by rpm
I hear you can get blood from a turnip just as easily.




"Expungement
To obtain an expungement, a criminal defendant must petition the court to have all case documents, such as the arrest record, removed and destroyed. If an expungement is granted, the defendant can deny ever being arrested for or charged with a particular criminal offense. Whether or not an expungement is awarded depends on the level of the charge, the outcome, and other factors.

For example, a Class “C” misdemeanor such as public intoxication or disorderly conduct can often be expunged. If your case was dismissed, depending on the charge, expungement may be possible. If you were found “not guilty”, you may be awarded an expungement.

Nondisclosure
A successful nondisclosure petition will prohibit court officials and law enforcement organizations from disclosing your criminal record to third parties such as employers.

Deferred Adjudication
Deferred adjudication allows a defendant to defer any guilty judgement until successfully completing probation, at which time the court can dismiss the case, paving the way for expungement of the case record."

Hardly seems worth it though for simple asault
Title: look away dixieland.
Post by: culero on August 19, 2006, 09:39:06 AM
Damn, 88. $1500, probation, and anger management?

Here in Texas, speaking from personal experience, the circumstances you describe would get you maybe a $200 fine (my last one cost me $75 and a free tuneup for my attorney's Town Car). Sum*****es who need a *****slapping are perceived to deserve it here :)

culero
Title: look away dixieland.
Post by: JB88 on August 19, 2006, 04:16:30 PM
hi all,

thank you all so very much for the help so far.

had to get some sleep and dream of shooting down flying toasters.

at the time of the incident, i did not fill out a report.

would it be a bad idea to turn one into the local sheriff now? should i wait?

i feel that the incident was misrepresented on the arrest report and that i should have something in writing before i wait any longer.

it has been mentioned that i should not have any contact with the officers prior to getting an attorney, but i am not sure if this qualifies.

anyone?

again, thank you all.  i am happy to know that i have friends to turn to in times of need.



88
Title: look away dixieland.
Post by: Maverick on August 19, 2006, 05:47:24 PM
JB,

First thing, Get an attorney. Period.

Let the atty. talk to police. You filing a report later just looks like sour grapes. Get advice from atty and follow it or fire the atty if you won't listen to him / her.

Second find another place for your studio. If both of you are "guests" of the owner than one or both of you qualify for revocation of the "guest" status. As a guest you have no legal right to be on the property without owner present unless you have a written documant saying you can be there. On the other and if the other guy has one you are in same boat you are now as neither of you has a priority over the other for presence there. Further confrontations will do nothing to help you at all if you are the only arrestee. Stay the *** away.

You got arrested. Did the other guy get arrested as well? Do you have ANY witnesses for your side or are they all his?

Third, Get an attorney and listen to the advice and follow it.

Fourth, see number 3.