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View Full Version : In need of legal advice!!


ComicsGn
02-08-2007, 07:08 PM
A group of about a dozen of us college folks went bowling Saturday night. I had about 5 shots of rum before we left. At the bowling alley we had some beer, bowled a couple games... it was a good time. We then came back and hung out for a short while. I had a few more shots. We then all went to Alex's, the local bar, and played pool. I had a mug of rum and coke. When we returned at around 2am we watched a movie until 4am.

The kicker to all this is that my recent ex-girlfriend was present during the entire evening. She dumped me around Thanksgiving after dating for almost THREE YEARS and never told me why. So when she left my apartment after the movie to go to her dorm, I caught up with her and asked if we could talk in her building. My logic at the time was that she'd likely tell me the truth while uninhibited.

The conversation started off calmly, but then she suddenly accused me of cheating on her, called me an asshole, and began to shove me repeatedly. Despite having had over a dozen drinks that night, I managed to recognize that the situation could quickly turn ugly. I shoved her away from me and left. On my way out, the fire alarm went off. I went back to my apartment and slept.

The next morning, I get an email saying that I'm not allowed near my ex. Turns out the RA saw her upset and she claimed I had actually hit her. When asked if she wanted to file a report with the police, her roomate spoke for her and said "yes, she does".

One police interrogation and two false accusations later, a warrant is out for my arrest. I wound up in a jail cell charged with a Class A misdemeanor for harassment and a felony charge for pulling a fire alarm. I spent a night and day in jail and am currently out on probation.

Some of the injustices:


My ex told the police she did NOT want to press charges. But they made her feel that I was dangerous and that it was her duty. She cracked.

Nobody saw me pull a fire alarm. I've received a copy of all the testimonies and no one saw anything. So... what's with the felony charge??

I was held in jail with $1000 bail. Turns out they had no legal right to charge bail because they had so little on me. Yet they kept insisting I had to pay to leave.

Part of my probation includes a 10pm curfew and no alcohol use whatsoever. I also am required to attend a substance abuse center. The fact is however that I my school counselor has determined that I am far from being an alcoholic. So just because this random incident involved alcohol I suddenly am treated like a substance abuser?

When I was interogated, the cop waved a manilla folder and said "We could arrest you right now, we have all the evidence we need. Just tell us you pulled that alarm and you'll get a felony on your record but no jail time." I wisely declined the offer, and I've been since reported by the cop as being "cocky and arrogant". Apparently choosing to NOT ruin my own legal record is arrogance.

When I was arrested I was not shown the warrant nor was I read my rights.

The officer made a point to push his seat all the way back in the squad car to crush my legs. He joked: "There, plenty of room now eh?"

A mutual friend spoke to my ex and she said that the charges would likely be dropped in court. When asked why she was bothering to put me through all this she wouldn't let the conversation continue. The bitch just that stupid?


So I have a court hearing on March 21. And all they have against me is an inaccurate story from two people who saw nothing. There is no other evidence (and if there is, I'm supposed to have been notified to prepare my defense. And because of this I had to spend just under 24 hours in prison (orange suit, meals through the door, etc), am forced to go through probation for 6 weeks, and may still potentially have to pay some legal fees. Is it really possible for all this to happen simply based on testimony/false claims? Because the whole thing just seems fucked up to me.

Any lawyers out there (or anyone for that matter) that could weigh in on all this?

DarkFantasy96
02-08-2007, 07:17 PM
Just because you weren't read your rights when you were arrested, you can get it all thrown out in court. You'll have to get a lawyer though.

Napsterbater
02-08-2007, 07:23 PM
Damn man, what are you asking us for? You need a lawyer, pronto! It never amazes me that folks would think the Internet is a good place for legal advice. :@@:

mikezila
02-08-2007, 07:25 PM
yeah, you need a lawyer.


and for future reference-don't ever approach an X for any reason, alone or in a group, no good will come of it.

Vilepagan
02-08-2007, 07:34 PM
Nobody saw me pull a fire alarm. I've received a copy of all the testimonies and no one saw anything. So... what's with the felony charge??

Perhaps I'm reading too much into what you posted, but I can't help but notice you didn't actually deny pulling the alarm.

My advice would be this. If you didn't pull the alarm, lawyer up and fight it tooth-and-nail. If you did pull the alarm, lawyer up and ask them what you should do.

The felony charge is because puling a fire alarm in a residential building can cause a panic resulting in injury or death. The public at large has a vested interest in strongly discouraging false alarms.

ComicsGn
02-08-2007, 08:12 PM
I'm well aware that the web isn't the ultimate place to turn for legal advice but I figured it doesn't hurt. But as far as paying for an actual lawyer? I'm shocked by this... I mean, there is NO evidence of anything. Innocent until proven guilty, right?

DarkFantasy96
02-08-2007, 08:17 PM
I'm well aware that the web isn't the ultimate place to turn for legal advice but I figured it doesn't hurt. But as far as paying for an actual lawyer? I'm shocked by this... I mean, there is NO evidence of anything. Innocent until proven guilty, right?
Yes, but they're still going to make you go to court so the judge can judge whether there's enough evidence to have a trial. You need a lawyer to defend you.

mikezila
02-08-2007, 08:19 PM
I'm well aware that the web isn't the ultimate place to turn for legal advice but I figured it doesn't hurt. But as far as paying for an actual lawyer? I'm shocked by this... I mean, there is NO evidence of anything. Innocent until proven guilty, right?
yeah-it's your word against her's...you better get a lawyer.

DarkFantasy96
02-08-2007, 08:24 PM
Also, Comics:

I shoved her away from me and left.

You could have just left. Plus, you were drunk. You could have shoved her much harder than you believe.

ComicsGn
02-08-2007, 08:28 PM
Though on the plus side, she did confirm that she had no interest in going through a complex legal thing. The cops twisted her arm into pressing charges because they had it in for me. So if the hearing goes poorly and it gets elevated into a full-blown trial I can't imagine she'd go through with it. Also, the cops suspected I pulled the alarm for over a week. They clearly had nothing. But being that the alarm was located near my ex's room, they had to wait for her to press charges for the harassment so the alarm accusation could then follow.

I wasn't arrested until the same day she agreed to press the charges. So my guess is that they had no other evidence to justify a warrant.

DarkFantasy96
02-08-2007, 08:29 PM
Though on the plus side, she did confirm that she had no interest in going through a complex legal thing. The cops twisted her arm into pressing charges because they had it in for me. So if the hearing goes poorly and it gets elevated into a full-blown trial I can't imagine she'd go through with it. Also, the cops suspected I pulled the alarm for over a week. They clearly had nothing. But being that the alarm was located near my ex's room, they had to wait for her to press charges for the harassment so the alarm accusation could then follow.

I wasn't arrested until the same day she agreed to press the charges. So my guess is that they had no other evidence to justify a warrant.
The point that you seem to be avoiding: DID you pull the alarm?

ComicsGn
02-08-2007, 08:32 PM
Also, Comics:



You could have just left. Plus, you were drunk. You could have shoved her much harder than you believe.

Yes, I could and should have just left. I do know for sure that she was NOT hurt and she even states this in the report she filed. Plus no marks backs this up even further. She also pulled a "he hit me" last year and fessed up to it being a drunken lie. Course, that time she only lied to her friends whereas this time it was the cops.

ComicsGn
02-08-2007, 08:34 PM
The point that you seem to be avoiding: DID you pull the alarm?

I was drunk, and do NOT recall pulling it. So no.

DarkFantasy96
02-08-2007, 08:35 PM
Yes, I could and should have just left. I do know for sure that she was NOT hurt and she even states this in the report she filed. Plus no marks backs this up even further. She also pulled a "he hit me" last year and fessed up to it being a drunken lie. Course, that time she only lied to her friends whereas this time it was the cops.
Even if she wasn't hurt and didn't have marks... It's pretty scary to be shoved by a drunk guy.

Napsterbater
02-08-2007, 08:39 PM
But as far as paying for an actual lawyer? I'm shocked by this... I mean, there is NO evidence of anything. Innocent until proven guilty, right?
This is what you signed up for when you chose to live in the United States. Take solace though, in the fact that few places you move to will be any better.

ComicsGn
02-08-2007, 08:40 PM
Even if she wasn't hurt and didn't have marks... It's pretty scary to be shoved by a drunk guy.

I agree. Kinda like last year when she was shoving me when she was drunk, tossing things around my room and cursing at me. Or the time she punched me in the jaw. But hey, the legal system is sexist so none of that really matters.

DarkFantasy96
02-08-2007, 08:48 PM
I agree. Kinda like last year when she was shoving me when she was drunk, tossing things around my room and cursing at me. Or the time she punched me in the jaw. But hey, the legal system is sexist so none of that really matters.

Two wrongs don't make a right. Be the bigger person. I've been in an abusive relationship and I've seen how attitudes like yours can deteriorate to the point of thinking that anything is a reason to hit a girl.

ComicsGn
02-08-2007, 08:51 PM
Two wrongs don't make a right. Be the bigger person. I've been in an abusive relationship and I've seen how attitudes like yours can deteriorate to the point of thinking that anything is a reason to hit a girl.


LOL I'm saying it was wrong to shove her away from me. But my intent was to get her way to prevent a potentially worse situation. Was it the best move? No, but the motive behind it was solid and odds are things would have escalated if I hadn't done this. And for that reason I'm glad I did. And I have never ever struck her and never ever would. Pushing a person away and hitting a person are very different things.

DarkFantasy96
02-08-2007, 08:54 PM
I'm glad you were able to prevent a worse situation, especially since drinking was involved. It's your attitude I don't like.

ComicsGn
02-08-2007, 09:16 PM
I'm glad you were able to prevent a worse situation, especially since drinking was involved. It's your attitude I don't like.

What attitude? I prevented a worse situation by pushing this girl away and I express that I feel bad that this happened and... what do you want? If this girl were hurt or really shaken up I'd be feeling endless guilt. But she's fine and there's nothing more I can do except prepare for what will surely be a brief court hearing. Beating myself up over it at this point would be a waste of time. Plus she did kinda cause me to experience time in prison just because she was too weak to stand up to some bullying cops, so I have some resentment. Hell, I should be pissed as hell but instead I express that I feel bad. My priority at this point though is my legal battle.

LionelHutz
02-08-2007, 09:34 PM
My best legal advice is what everyone else said - get a lawyer. It's expensive now, but a lot cheaper than the many, many jobs that you might be disqualified from getting in the future if you have a felony on your record.

Imagineer
02-09-2007, 01:42 AM
I will repeat what everyone else has said. Get a lawyer. I will add one other bit of advice I have given you once before, STAY AWAY FROM THIS WOMAN. The reason she dumped you is not worth what you are doing to yourself. She is not worth doing this to yourself. It is time to move on.

ComicsGn
02-09-2007, 09:34 AM
I will repeat what everyone else has said. Get a lawyer. I will add one other bit of advice I have given you once before, STAY AWAY FROM THIS WOMAN. The reason she dumped you is not worth what you are doing to yourself. She is not worth doing this to yourself. It is time to move on.

I agree, and have stayed completely clear of her. She's not worth the trouble. If the court hearing doesn't end there and goes to trial, I have a lawyer lined up. But it sounds probable that I'll be getting a fine for the misdemeanor ($350) and the felony charge will be tossed out since I have no record whatsoever (that and there's no evidence against me). So while the charges sound really bad, the judge hinted that they will likely be going away. And if they don't, my ex more/less said that she'd drop the charges since she can't afford the time or money that goes into a full blown trial.

DarkFantasy96
02-09-2007, 09:41 AM
I agree, and have stayed completely clear of her. She's not worth the trouble. If the court hearing doesn't end there and goes to trial, I have a lawyer lined up. But it sounds probable that I'll be getting a fine for the misdemeanor ($350) and the felony charge will be tossed out since I have no record whatsoever (that and there's no evidence against me). So while the charges sound really bad, the judge hinted that they will likely be going away. And if they don't, my ex more/less said that she'd drop the charges since she can't afford the time or money that goes into a full blown trial.
Sounds good... I hope it works out for you :)

ComicsGn
02-09-2007, 09:52 AM
Sounds good... I hope it works out for you :)

thanks, i sure hope so!

panzertruppen
02-10-2007, 03:12 PM
when in doubt admit nothing! deny everything, make counter acuastions I bet she pulled the fire alarm! and if thay fail to make anything stick file a false arrest report and have the cops charged and the fact that your merandia warrning wasn`t read should get the whole thing thrown out. what ever you do do not get a court appointed attorney most of them are stupid and work for the system. and cops are not as smart as they want you to beleave, cop`s always try to get you to incriminate yourself (fing bastards) do not admit to anything on line either that can be used against you as well.

ComicsGn
02-10-2007, 05:16 PM
when in doubt admit nothing! deny everything, make counter acuastions I bet she pulled the fire alarm! and if thay fail to make anything stick file a false arrest report and have the cops charged and the fact that your merandia warrning wasn`t read should get the whole thing thrown out. what ever you do do not get a court appointed attorney most of them are stupid and work for the system. and cops are not as smart as they want you to beleave, cop`s always try to get you to incriminate yourself (fing bastards) do not admit to anything on line either that can be used against you as well.

Unfortunately I already gave my statements and admitted to pushing her but only to get her away from me. Anything else I did deny.

I'm planning to mention within earshot of her friends about pressing charges against her. They'll tip her off and she'll drop the charges to avoid any trouble on her end. In the past she's pushed me around, punched me in the face, smacked my glasses off which led to me stepping on them, etc. I've got more than enough to take her on. She of course never hurt me, she's a foot shorter and female after all. But I'm betting she'll back down. She's broke and couldn't afford a lawyer if she wanted to.

ComicsGn
02-10-2007, 05:25 PM
and cops are not as smart as they want you to beleave, cop`s always try to get you to incriminate yourself (fing bastards)

You are completely right about those cops. They didn't even know the difference between passing out and blacking out. They also made the stereotype that the religious are the first to lie (after I told them I was raised Catholic). It was amazing. The cop actually said they had enough "evidence" to toss me in jail right then and there. I called their bluff and said "then do what you need to do." The cop looked at me and said "we are 99.9% sure that you did these things". Such an idiot. That made it obvious that they needed a confession out of me. They got nothing.