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Friday I was at a bar and some stuff started that I won't get into but I ended up swinging at a guy that my buddy pushed but I missed him (I think, I was really drunk so it's kind of a haze) as he was falling down and then someone grabbed me from behind in a choke hold (which i'm not sure but isn't that illegal procedure) and I was trying to pry their arm off of me and I reached behind my head and put them in a headlock and tried to throw them over me and someone said "hey that's a cop that has ahold of you" so I threw up my hands and said i'm not resisting and he slammed me around a few times after I continually said "i'm not resisting!".
I end up getting charged for assault, resisting arrest and disorderly conduct by intox with persistance. He wanted to charge my for assaulting a police officer but after I explained to him that I did not know it was a cop until someone said it was he dropped those charges. He tried to tell me he announced he was a police officer 5 times but he never said it once, I never knew it until someone in the bar yelled it to me.
I was just at the wrong place at the wrong time. The police had just walked in the door because of a prior fight right when that happened with me. The guy I got into it with got arrested because he ran outside after I was already in the cruiser and started with my cousin and my friend. He pushed my friend and my friend punched him right in front of the cop. The girls fighting earlier didn't even get arrested. The guy who also got arrested got drug out of the police station by the cops for being boligerent and got taken to county after being mased.
Any suggestions? I have to go to court this Tuesday and i'm pleading Not guilty and waiving my right to a spedy trial and getting a later court date and a lawyer.
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Legend
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Legend
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Sorry about your bad luck,....would it not be better to plead no contest, as you did make, and have admitted to making, a mistake, and didn't know the cop was a cop,.....plead "I'm a dummy" in front of the judge ??
You're gonna have to eat this one,....ouch.
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If I plead no contest they send me right to jail that day and I get the maximum fine. If I plead not guilty and get a lawyer I can probably get at-least two charges dropped.
The court system we have in Sebring is so rinky dink it's ridiculous. When I was younger I was drunk and hit a car and left and they came to my house the next day and charged me with hit and run but I fought it in court and got it dropped all the way down to illegally passing left of center.
does anybody know if the choke hold he put on me is illegal. Also I had my dad come down to bail me out and my dad asked him how much bail was and the cop said it would be 125 bucks but then he said hold on let me see what other charges I can put on him, came back out and then told my dad it would be 275bucks.
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Get a lawyer immediately. Seriously. The judge is going to be very unhappy that you were drunk and wrestling with cops no matter what excuse you have. Get the best local lawyer you can afford. A grand to a lawyer now will probably be cheaper than jailtime.
Meet the new boss, same as the old boss...
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Legend
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Legend
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think of the cost of the lawyer.... then ask yourself if it's realy worth the hassle to at best get things reduced a little.
1. You were drunk
2. Based on what you've told us, you are guilty on 2 of the 3 charges
3. That leaves only resisting arrest in question.
That is going to be his word against yours, and you were drunk at the time and he's a cop.
My advice? At minimum, plead guilty on the first two charges and then 'No Contest' on the resisting charge if you have your mind set on trying to beat it.
I would advise you educate yourself on what it is you are trying to beat, the potential sentences for it... and then weigh that against the financial burden of hiring that lawyer..... who is probably gonna charge you at least $1000 just to get started and then you are quite likely to still lose that battle, but now you've wasted the court's time.
My complete advice... you were Drunk & Stupid.... plead guilty to all counts and take what ya earned.
Browns is the Browns
... there goes Joe Thomas, the best there ever was in this game.
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My question is. How can it be assault if I didn't even really hit the guy? I missed him when I swung. How could it be resisting arrest when I didn't even know it was a cop but when I found out I didn't resist. When someone comes behind you and starts choking the life out of you your'e going to try and get out of it. Disorderly conduct could be the only charge I could see sticking. If I plead guilty or no contest i'm getting charged with all three and getting the maximum penalty and fines which will more than likely be alot more than a lawyer. Plus I will go to jail for probably 2-3 months. Which I can't do because I have a son to take care of.
Nrtu PPE. And to anyone that comes on here and tries to tell me how stupid it was and why i'm an idiot. Don't waste your breath your not telling me anything I don't know. I'm asking for legal advice not a lesson in life.
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All Pro
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Assault is the simple act of attempting to harm another (the act of punching), while battery would be the actual act of hitting him. That is why you were only charged with assault, and not assault and battery.
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Legend
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well, that would be one for the lawyers, but I don't think you need to have actually hit him in this instance because it was most definitely your intent... and had his falling and your drunkeness not prevented it, you certainly would have made contact.
What city was this in?
Can you find any applicable city ordinances online in terms of fines/jail time, etc...?
Browns is the Browns
... there goes Joe Thomas, the best there ever was in this game.
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I live in Sebring ohio which is in Mahoning county.
Did he have to read me my rights? Because he didn't.
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2nd String
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Quote:
My question is. How can it be assault if I didn't even really hit the guy? I missed him when I swung. How could it be resisting arrest when I didn't even know it was a cop but when I found out I didn't resist. When someone comes behind you and starts choking the life out of you your'e going to try and get out of it. Disorderly conduct could be the only charge I could see sticking. If I plead guilty or no contest i'm getting charged with all three and getting the maximum penalty and fines which will more than likely be alot more than a lawyer. Plus I will go to jail for probably 2-3 months. Which I can't do because I have a son to take care of.
Nrtu PPE. And to anyone that comes on here and tries to tell me how stupid it was and why i'm an idiot. Don't waste your breath your not telling me anything I don't know. I'm asking for legal advice not a lesson in life.
Well, its hard to say what really applies to you legal wise because it doesn't appear you are giving the whole story.
What city/pd/court is this in?
Are you in ohio?
follwing is the ohio revised code for your actions.
Felonious Assault .
(A) No person shall knowingly do either of the following:
(1) Cause serious physical harm to another or to another’s unborn;
(2) Cause or attempt to cause physical harm to another or to another’s unborn by means of a deadly weapon or dangerous ordnance.
(B) No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall knowingly do any of the following:
(1) Engage in sexual conduct with another person without disclosing that knowledge to the other person prior to engaging in the sexual conduct;
(2) Engage in sexual conduct with a person whom the offender knows or has reasonable cause to believe lacks the mental capacity to appreciate the significance of the knowledge that the offender has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome;
(3) Engage in sexual conduct with a person under eighteen years of age who is not the spouse of the offender.
(C) The prosecution of a person under this section does not preclude prosecution of that person under section 2907.02 of the Revised Code.
(D)(1) Whoever violates this section is guilty of felonious assault, a felony of the second degree. If the victim of a violation of division (A) of this section is a peace officer or an investigator of the bureau of criminal identification and investigation, felonious assault is a felony of the first degree. If the victim of the offense is a peace officeror an investigator of the bureau of criminal identification and investigation, and if the victim suffered serious physical harm as a result of the commission of the offense, felonious assault is a felony of the first degree, and the court, pursuant to division (F) of section 2929.13 of the Revised Code, shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the first degree.
(2) In addition to any other sanctions imposed pursuant to division (D)(1) of this section for felonious assault committed in violation of division (A)(2) of this section, if the deadly weapon used in the commission of the violation is a motor vehicle, the court shall impose upon the offender a class two suspension of the offender’s driver’s license, commercial driver’s license, temporary instruction permit, probationary license, or nonresident operating privilege as specified in division (A)(2) of section 4510.02 of the Revised Code.
(E) As used in this section:
(1) “Deadly weapon” and “dangerous ordnance” have the same meanings as in section 2923.11 of the Revised Code.
(2) “Motor vehicle” has the same meaning as in section 4501.01 of the Revised Code.
(3) “Peace officer” has the same meaning as in section 2935.01 of the Revised Code.
(4) “Sexual conduct” has the same meaning as in section 2907.01 of the Revised Code, except that, as used in this section, it does not include the insertion of an instrument, apparatus, or other object that is not a part of the body into the vaginal or anal opening of another, unless the offender knew at the time of the insertion that the instrument, apparatus, or other object carried the offender’s bodily fluid.
(4) “Investigator of the bureau of criminal identification and investigation” means an investigator of the bureau of criminal identification and investigation who is commissioned by the superintendent of the bureau as a special agent for the purpose of assisting law enforcement officers or providing emergency assistance to peace officers pursuant to authority granted under section 109.541 of the Revised Code.
(5) “Investigator” has the same meaning as in section 109.541 of the Revised Code.
Effective Date: 03-23-2000; 08-03-2006; 03-14-2007; 04-04-2007
2903.12 Aggravated assault.
(A) No person, while under the influence of sudden passion or in a sudden fit of rage, either of which is brought on by serious provocation occasioned by the victim that is reasonably sufficient to incite the person into using deadly force, shall knowingly:
(1) Cause serious physical harm to another or to another’s unborn;
(2) Cause or attempt to cause physical harm to another or to another’s unborn by means of a deadly weapon or dangerous ordnance, as defined in section 2923.11 of the Revised Code.
(B) Whoever violates this section is guilty of aggravated assault, a felony of the fourth degree. If the victim of the offense is a peace officer or an investigator of the bureau of criminal identification and investigation, aggravated assault is a felony of the third degree. If the victim of the offense is a peace officer or an investigator of the bureau of criminal identification and investigation, and if the victim suffered serious physical harm as a result of the commission of the offense, aggravated assault is a felony of the third degree, and the court, pursuant to division (F) of section 2929.13 of the Revised Code, shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the third degree.
(C) As used in this section:
(1) “Investigator of the bureau of criminal identification and investigation” has the same meaning as in section 2903.11 of the Revised Code.
(2) “Peace officer” has the same meaning as in section 2935.01 of the Revised Code.
Effective Date: 02-03-2000; 03-14-2007
2903.13 Assault.
(A) No person shall knowingly cause or attempt to cause physical harm to another or to another’s unborn.
(B) No person shall recklessly cause serious physical harm to another or to another’s unborn.
(C) Whoever violates this section is guilty of assault. Except as otherwise provided in division (C)(1), (2), (3), (4), or (5) of this section, assault is a misdemeanor of the first degree.
(1) Except as otherwise provided in this division, if the offense is committed by a caretaker against a functionally impaired person under the caretaker’s care, assault is a felony of the fourth degree. If the offense is committed by a caretaker against a functionally impaired person under the caretaker’s care, if the offender previously has been convicted of or pleaded guilty to a violation of this section or section 2903.11 or 2903.16 of the Revised Code, and if in relation to the previous conviction the offender was a caretaker and the victim was a functionally impaired person under the offender’s care, assault is a felony of the third degree.
(2) If the offense is committed in any of the following circumstances, assault is a felony of the fifth degree:
(a) The offense occurs in or on the grounds of a state correctional institution or an institution of the department of youth services, the victim of the offense is an employee of the department of rehabilitation and correction, the department of youth services, or a probation department or is on the premises of the particular institution for business purposes or as a visitor, and the offense is committed by a person incarcerated in the state correctional institution, by a person institutionalized in the department of youth services institution pursuant to a commitment to the department of youth services, by a parolee, by an offender under transitional control, under a community control sanction, or on an escorted visit, by a person under post-release control, or by an offender under any other type of supervision by a government agency.
(b) The offense occurs in or on the grounds of a local correctional facility, the victim of the offense is an employee of the local correctional facility or a probation department or is on the premises of the facility for business purposes or as a visitor, and the offense is committed by a person who is under custody in the facility subsequent to the person’s arrest for any crime or delinquent act, subsequent to the person’s being charged with or convicted of any crime, or subsequent to the person’s being alleged to be or adjudicated a delinquent child.
(c) The offense occurs off the grounds of a state correctional institution and off the grounds of an institution of the department of youth services, the victim of the offense is an employee of the department of rehabilitation and correction, the department of youth services, or a probation department, the offense occurs during the employee’s official work hours and while the employee is engaged in official work responsibilities, and the offense is committed by a person incarcerated in a state correctional institution or institutionalized in the department of youth services who temporarily is outside of the institution for any purpose, by a parolee, by an offender under transitional control, under a community control sanction, or on an escorted visit, by a person under post-release control, or by an offender under any other type of supervision by a government agency.
(d) The offense occurs off the grounds of a local correctional facility, the victim of the offense is an employee of the local correctional facility or a probation department, the offense occurs during the employee’s official work hours and while the employee is engaged in official work responsibilities, and the offense is committed by a person who is under custody in the facility subsequent to the person’s arrest for any crime or delinquent act, subsequent to the person being charged with or convicted of any crime, or subsequent to the person being alleged to be or adjudicated a delinquent child and who temporarily is outside of the facility for any purpose or by a parolee, by an offender under transitional control, under a community control sanction, or on an escorted visit, by a person under post-release control, or by an offender under any other type of supervision by a government agency.
(e) The victim of the offense is a school teacher or administrator or a school bus operator, and the offense occurs in a school, on school premises, in a school building, on a school bus, or while the victim is outside of school premises or a school bus and is engaged in duties or official responsibilities associated with the victim’s employment or position as a school teacher or administrator or a school bus operator, including, but not limited to, driving, accompanying, or chaperoning students at or on class or field trips, athletic events, or other school extracurricular activities or functions outside of school premises.
(3) If the victim of the offense is a peace officer or an investigator of the bureau of criminal identification and investigation, a firefighter, or a person performing emergency medical service, while in the performance of their official duties, assault is a felony of the fourth degree.
(4) If the victim of the offense is a peace officer or an investigator of the bureau of criminal identification and investigation and if the victim suffered serious physical harm as a result of the commission of the offense, assault is a felony of the fourth degree, and the court, pursuant to division (F) of section 2929.13 of the Revised Code, shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the fourth degree that is at least twelve months in duration.
(5) If the victim of the offense is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer’s or employee’s performance or anticipated performance of official responsibilities or duties, assault is either a felony of the fifth degree or, if the offender previously has been convicted of or pleaded guilty to an offense of violence, the victim of that prior offense was an officer or employee of a public children services agency or private child placing agency, and that prior offense related to the officer’s or employee’s performance or anticipated performance of official responsibilities or duties, a felony of the fourth degree.
(D) As used in this section:
(1) “Peace officer” has the same meaning as in section 2935.01 of the Revised Code.
(2) “Firefighter” has the same meaning as in section 3937.41 of the Revised Code.
(3) “Emergency medical service” has the same meaning as in section 4765.01 of the Revised Code.
(4) “Local correctional facility” means a county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, a minimum security jail established under section 341.23 or 753.21 of the Revised Code, or another county, multicounty, municipal, municipal-county, or multicounty-municipal facility used for the custody of persons arrested for any crime or delinquent act, persons charged with or convicted of any crime, or persons alleged to be or adjudicated a delinquent child.
(5) “Employee of a local correctional facility” means a person who is an employee of the political subdivision or of one or more of the affiliated political subdivisions that operates the local correctional facility and who operates or assists in the operation of the facility.
(6) “School teacher or administrator” means either of the following:
(a) A person who is employed in the public schools of the state under a contract described in section 3319.08 of the Revised Code in a position in which the person is required to have a certificate issued pursuant to sections 3319.22 to 3319.311 of the Revised Code.
(b) A person who is employed by a nonpublic school for which the state board of education prescribes minimum standards under section 3301.07 of the Revised Code and who is certificated in accordance with section 3301.071 of the Revised Code.
(7) “Community control sanction” has the same meaning as in section 2929.01 of the Revised Code.
(8) “Escorted visit” means an escorted visit granted under section 2967.27 of the Revised Code.
(9) “Post-release control” and “transitional control” have the same meanings as in section 2967.01 of the Revised Code.
(10) “Investigator of the bureau of criminal identification and investigation” has the same meaning as in section 2903.11 of the Revised Code.
Effective Date: 01-01-2004; 03-14-2007
2903.14 Negligent assault.
(A) No person shall negligently, by means of a deadly weapon or dangerous ordnance as defined in section 2923.11 of the Revised Code, cause physical harm to another or to another’s unborn.
(B) Whoever violates this section is guilty of negligent assault, a misdemeanor of the third degree.
Effective Date: 09-06-1996
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2921.33 Resisting arrest.
(A) No person, recklessly or by force, shall resist or interfere with a lawful arrest of the person or another.
(B) No person, recklessly or by force, shall resist or interfere with a lawful arrest of the person or another person and, during the course of or as a result of the resistance or interference, cause physical harm to a law enforcement officer.
(C) No person, recklessly or by force, shall resist or interfere with a lawful arrest of the person or another person if either of the following applies:
(1) The offender, during the course of or as a result of the resistance or interference, recklessly causes physical harm to a law enforcement officer by means of a deadly weapon;
(2) The offender, during the course of the resistance or interference, brandishes a deadly weapon.
(D) Whoever violates this section is guilty of resisting arrest. A violation of division (A) of this section is a misdemeanor of the second degree. A violation of division (B) of this section is a misdemeanor of the first degree. A violation of division (C) of this section is a felony of the fourth degree.
(E) As used in this section, “deadly weapon” has the same meaning as in section 2923.11 of the Revised Code.
Effective Date: 09-16-1997
----------------------------------------------------
2917.11 Disorderly conduct.
(A) No person shall recklessly cause inconvenience, annoyance, or alarm to another by doing any of the following:
(1) Engaging in fighting, in threatening harm to persons or property, or in violent or turbulent behavior;
(2) Making unreasonable noise or an offensively coarse utterance, gesture, or display or communicating unwarranted and grossly abusive language to any person;
(3) Insulting, taunting, or challenging another, under circumstances in which that conduct is likely to provoke a violent response;
(4) Hindering or preventing the movement of persons on a public street, road, highway, or right-of-way, or to, from, within, or upon public or private property, so as to interfere with the rights of others, and by any act that serves no lawful and reasonable purpose of the offender;
(5) Creating a condition that is physically offensive to persons or that presents a risk of physical harm to persons or property, by any act that serves no lawful and reasonable purpose of the offender.
(B) No person, while voluntarily intoxicated, shall do either of the following:
(1) In a public place or in the presence of two or more persons, engage in conduct likely to be offensive or to cause inconvenience, annoyance, or alarm to persons of ordinary sensibilities, which conduct the offender, if the offender were not intoxicated, should know is likely to have that effect on others;
(2) Engage in conduct or create a condition that presents a risk of physical harm to the offender or another, or to the property of another.
(C) Violation of any statute or ordinance of which an element is operating a motor vehicle, locomotive, watercraft, aircraft, or other vehicle while under the influence of alcohol or any drug of abuse, is not a violation of division (B) of this section.
(D) If a person appears to an ordinary observer to be intoxicated, it is probable cause to believe that person is voluntarily intoxicated for purposes of division (B) of this section.
(E)(1) Whoever violates this section is guilty of disorderly conduct.
(2) Except as otherwise provided in division (E)(3) of this section, disorderly conduct is a minor misdemeanor.
(3) Disorderly conduct is a misdemeanor of the fourth degree if any of the following applies:
(a) The offender persists in disorderly conduct after reasonable warning or request to desist.
(b) The offense is committed in the vicinity of a school or in a school safety zone.
(c) The offense is committed in the presence of any law enforcement officer, firefighter, rescuer, medical person, emergency medical services person, or other authorized person who is engaged in the person’s duties at the scene of a fire, accident, disaster, riot, or emergency of any kind.
(d) The offense is committed in the presence of any emergency facility person who is engaged in the person’s duties in an emergency facility.
(F) As used in this section:
(1) “Emergency medical services person” is the singular of “emergency medical services personnel” as defined in section 2133.21 of the Revised Code.
(2) “Emergency facility person” is the singular of “emergency facility personnel” as defined in section 2909.04 of the Revised Code.
(3) “Emergency facility” has the same meaning as in section 2909.04 of the Revised Code.
(4) “Committed in the vicinity of a school” has the same meaning as in section 2925.01 of the Revised Code.
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From what little i know, it sounds like they have some valid charges on you. I would get a lawyer, depending on what court it is/judge, you may be able to plea bargain and plea guilty to a lesser charge or one of the charges, this is also dependent on if you have prior criminal history.
yes he should have read you your rights if you were arrested, but my guess is you would have a hard time proving he didnt because you have already said you don't remember some of your actions.
![[Linked Image from img413.imageshack.us]](http://img413.imageshack.us/img413/4226/bentleysigpo1.jpg) Hurry Back LeCharles.
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Legend
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If you were arrested, he should've read you your rights. However, when standing before a judge, in a situation like this, you probably won't get off on that technicality.....plus, the officer can always say "yes, I did read him his rights".
Like others have said, you probably have 2 choices - 1. plead guilty but stupid, and make sure the judge knows you mean it, or 2. hire a lawyer, pay him big money, and still get the same result.
I wasn't there, obviously, so I don't know the circumstances, obviously. However, at this point in time, it sounds like a "I said, he said" kind of thing, and the cop will win that just about every time.
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Legend
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Legend
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Quote:
I was at a bar and some stuff started that I won't get into...
That right there tells me you should plead no contest and take your medicine. Tell the judge you were stupid and should have walked away.
And into the forest I go, to lose my mind and find my soul.
- John Muir
#GMSTRONG
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Hall of Famer
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Ok Clutch, which Sebring cop was involved? or were you in Alliance? Either way, it sounds like you are basically screwed. Sorry Bro
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This is what happened.
My cousin dated a girl for 8 years and they have two kids. She left him and ended up getting with this guy. The guy calls my cousin all the time running his mouth. They came into the bar they know we all hang out at and everything was fine. We talked to the guy bought him some drinks sang karaoke with him. Everything was fine. Then later something happened and they were arguing and my buddy pushed him and I wnet after him because I was drunk and stupid. Being as drunk as I was alot of things around that moment are really hazy. The cop garbbed me in a choke hold and from there everything is as stated before.
That cop was the only one in the bar at that time. When he was arresting me outside something else had to happen inside the bar before the other police men entered. I seen my friends come out of the bar and started walking down the street a few seconds later the guy came running out of the bar with blood all over the front of him and I seen him run up and push my one friend so my friend hit him. All in front of the cops. The cops arrested tried arresting the guy and he resisted then got pepper sprayed. He was put into the ambulance and had his eye taken care of. Ended up having to get 12 stiches. Apparently he was shoved on the ground and becaus eof a fight earlier between two girls there was glass on the floor and he fell in it. This I am going on hearsay because I was in the cruiser at that time.
We arrived at the police station and they left me in the car while they took in the other guy. They were in the station for around 5 minutes when they came out with him by the legs and arms and put him in the cruiser and sent him to county because he was being boligerent. I went in and talked with the cops one of whom i'm friends with, used to work with and went to school with and the other two I just know from around because it's a small town. They were really outgoing about it and we were actually talking civilized and joking around and all.
That is it in a nutshell. Somewhere along the lines I got an abbrassion on my forehead, one on my elbow, scrapes on my neck and a big cut on my shoulder. Someone said that the kid hit me before I swung on him but I was so drunk all i remember was my buddy pushing him and me swinging at him. So I can't be certain about that.
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Legend
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Quote:
Did he have to read me my rights? Because he didn't.
I'll get into some more legal stuff later (although a lot of the posts hit it right on the money). Also, I didn't read your whole incident, which I'll do later.
But, as to your rights, those only need to be read when you're going to be questioned or interrogated, not just when you're arrested. Usually, cops will read rights when arresting, but they don't have to. However, if you confessed to anything without being read your rights first, there could be an issue of throwing out your confession.
This is from here.
Can you be arrested without being read your Miranda Rights? Yes!
The Miranda rights do not protect you from being arrested, only from incriminating yourself during questioning. All police need to legally arrest a person is "probable cause" -- an adequate reason based on facts and events to believe the person has committed a crime. Police are required to "Read him his (Miranda) rights," only before interrogating a suspect. While failure to do so may cause any subsequent statements to be thrown out of court, the arrest may still be legal and valid.
Also without reading the Miranda rights, police are allowed to ask routine questions like name, address, date of birth, and Social Security number necessary to establishing a person's identity. Police can also administer alcohol and drug tests without warning, but persons being tested may refuse to answer questions during the tests.
I am unfamiliar with this feeling of optimism
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I'm not a lawyer, but I spent a little time looking at Ohio Revised Code and google searches on these. Disorderly Conduct - 4th degree misdemeanor Assault/Battery (I'd question this one, if he swung at you first, this should be dropped - self defense) - 1st degree misdemeanor Resisting Arrest - 1st or 2nd degree misdemeanor Something to consider - I think Negligent Assault is a 3rd degree misdemeanor, which is better than a 1st degree misdemeanor. See http://www.lkwdpl.org/city/code/ch501.htm (Section 501.99)for some ideas on penalties. If I were in this situation, I'd probably call a lawyer or a friend that is a cop for advice. I'd ceratinly do what I could to plea down to just disorderly or something lesser than the 1st degree misdemeanors. Maybe even offer to take some sort of class or offer community service. Like I said, I'm not a lawyer though, and this is just what I'd do. As per the choke hold, I have no idea if it is ok or not. Seems like it shouldn't. Good luck
Last edited by clwb419; 04/22/07 05:41 PM.
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Porter
  Sorry but I knew you were gonna say that.
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if you never had your Miranda Rights read, get a lawyer ASAP. I'm pretty sure you should be able to get the whole thing tossed out.... of course, get a good lawyer though, because you're back in "Your Word Against His" territory in claiming they weren't read. On Assault: Quote:
2903.13 Assault.
(A) No person shall knowingly cause or attempt to cause physical harm to another or to another's unborn.
(B) No person shall recklessly cause serious physical harm to another or to another's unborn.
(C) Whoever violates this section is guilty of assault. Except as otherwise provided in division (C)(1), (2), (3), (4), or (5) of this section, assault is a misdemeanor of the first degree.
There's a bunch of provisions that could have bumped it to a Felony 5th, but it doesn't seem that any of those apply.
I didn't look too deeply, but punishments for 1st Degree misdemeanor are up to 180 days jail and $5,000 fine.
[Edit: Just saw the other posts above me Re: Miranda... nevermind, and good info  ]
Last edited by PrplPplEater; 04/22/07 05:40 PM.
Browns is the Browns
... there goes Joe Thomas, the best there ever was in this game.
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well he is the cop that everyone loves to hate.
I have always got along with him. He gave me a speeding ticket once but other than that I have never had any problems with him. Of course I don't really ever get into trouble.
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I believe it's like a 5th degree mis-demeanor assault. But it doesn't say on my paperwork. Just says assault.
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2nd String
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It sounds like enough of a complex situation to get an attorney. If it goes to trial, it will all depend on if you can prove you were sufficiently provoked and had no other recourse (it sounds like you did, but I wasnt there). Ohio has a law where you can come to the defense of others and use reasonable force, but that also would depend on who started it, and if your friend was really in need and could not help himself. Try to get down exactly what happened from people you knew at the bar who were sober.
I was gonna say if it was a big city you would have a good shot for plea bargain because of how busy the courts are, but in a small town you might not be as lucky.
I would atleast explore an attorney, with a slew of charges and rules that help or hurt you applying, it would be best to have a pro sort it out for you and come to the best resoultion. plus if you get an attorney who is familiar with people in the courts, you might have a better shot at a plea bargain/ diversion program if it was your first offense.
Hurry Back LeCharles.
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As per the choke hold, I have no idea if it is ok or not. Seems like it shouldn't.
Good luck
Especially when he told me he was trying to knock me out.
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Always plead Not Guilty at first. Then most likely they will drop 2 of the 3 charges in return for a Guilty plea as long as your record is good.
Our honor defend, we will fight to the end, for OHIO! GO BUCKS!
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No, I was because he has such the rep and we both know that's all it is....a rep. The kids he's busted or rousted are just p/o'd cuz they got caught so they talk about Porter all the time. I live across from the station and know most of them and have absolutely no issues with them. (all have been nice to me)
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Trust me this court system is very busy. This town does nothing but make arrests.
I'm calling a lawyer tomorrow. Not sure who yet though. My brother had a great lawyer out of canfield named Charles Dunlap before. Might call him.
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I don't have a problem with any of them. I get along with all of them. They are just doing they're job anyways.
Porter is actually one of my buddys relatives. Heck most of the cops that work for Sebring work for Smith too and I live right across the street from them. Tallman is cool as hell, I am buddys with Ceresna, I know Steed from my buddys who are friends with him. The only one I don't like is Johnson because he is extremely cocky and can be a real jerk. A few other ones I don't even know.
I was actually thinking about going to schol to be a cop myself. My buddy cody who works for both Sebring and Smith keeps telling me I should go to school for it. I don't know how that would work out now with these current charges but I don't have any felonies so I guess it wouldn't matter.
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I'll tell you guy's one thing though. My bar days are done. I have never been in any trouble unless I was out at a bar drinking. It's time I hnag up the barstool. It's not like I am always there either. But enough is enough.
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I think its kind of interesting that you say you were soooo drunk that you dont remember things about the fight and how hazy it was, except you definitely remember that the cop did not identify himself and that they didnt read you your rights. So you remember all of the things that the cops did wrong, but not what you did wrong?
Eat it Phil...
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Yeah that's right. And your point is?
Can't help what you can't remember.
What are you implying??
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Get a good lawyer and just do what he/she says.
Disregard all advice on this thread as there is some very poor advice here. Anyone suggesting he not get a lawyer is only looking at the dollar costs involved. As much as you have stated here, which is more than likely a portion of what actually happened, you need a good attorney. Getting physical with a cop when you are sloppy drunk can turn into a very bad position real quick w/o the proper legal advice.
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I'm definately getting a lawyer. I just figured there might actually be some lawyers on here that might be able to tell me what i'm looking at.
The cost of a lawyer isn't even a problem. I don't care how much it costs because I definately need one. Without legal representation you might as well bend over because you have no leverage what so- ever against a prosecuting attorney.
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Well, I can't help you any....just wish you the best of luck 
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As a lawyer, Clutch, I'll tell you to get a lawyer. Like I said, they didn't need to read you your rights. Even if you're drunk, if you get into it with a cop, that's just plain bad news. However, attorneys have connections, and a lot of times, they can get it down to a jail sentence with time suspended, probation and community service. If they suspend the jail time, you make sure you are the perfect citizen and you make sure you abide 100% by what the judge says. Don't give them a single reason to doubt you. Call the Mahoning County Bar Association tomorrow here, and get their lawyer referral service. They'll get you in contact with a number of lawyers who deal with this stuff all the time. And, most of all, be 100000% completely honest with your lawyer. You have no idea how many times the client will swear up and down that this is what happened, but when they get in a deposition or trial, their story changes completely. Everything you tell the lawyer is strictly confidential and he/she can't tell a single soul about it without your permission. Tell him/her every single thing you remember and every single thing you don't remember. If you're just speculating about a fact, tell the lawyer that, too. You need to make sure that after talking with the lawyer, he/she could tell it back to you as if they were there and saw the whole thing. If this is your first offense, many judges will read you the riot act but let you off "light." You just have to make sure it's your only offense ever. Don't put yourself in dumb situations like that anymore. Make sure you're honest with everyone and make sure you make it clear that you are extremely sorry and that it will never happen again. And make sure you mean it.
I am unfamiliar with this feeling of optimism
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Let me start by saying IANAL (but I did stay at a Holiday Inn last night). The fact that they dropped the assaulting an officer is good for you. You definitely don't want that hanging over you. I have a friend who is a prosecuting attorney, so I have some limited amount of knowledge. As for the rest, get a lawyer, he should tell you to plead not guilty. Then just hope the prosecutor doesn't have it out for you. You should get a good deal offered. The assault will probably eventually be dropped anyway because it was a mutual combat situation. A good prosecutor will wait as long as possible to drop that for bargaining position. If the prosecutors are busy, it should be pretty easy for your lawyer to convince the prosecutor to deal. You'll probably end up with a low disorderly conduct out of this mess.  (*caveat: you have a fairly clean record so the prosecutor won't have it out for you). Best of luck. It's seems you learned a lesson on this, so you clearly don't need that lecture.
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I'll tell you guy's one thing though. My bar days are done. I have never been in any trouble unless I was out at a bar drinking. It's time I hnag up the barstool. It's not like I am always there either. But enough is enough.
Why not just learn not to get sloshed when your out. You can drink and not get drunk.
I never understood the getting drunk thing, it never brought about anything good.
We don't have to agree with each other, to respect each others opinion.
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You can drink and not get drunk.
I couldn't.
Browns is the Browns
... there goes Joe Thomas, the best there ever was in this game.
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My brother had a great lawyer out of canfield named Charles Dunlap before. Might call him.
Get a local attorney who deals with this judge on a regular basis.You have to remember you are in a small town and the good old boy system will be in effect big time. Last year I yelled at my son in the Cleveland Metroparks and he threw himslef down on the ground and threw a fit so some people on the other side of the park saw him on the ground and claimed I knocked him down. I got a lawyer who works in the Lakewood courts all the time and was very aquainted with Judge Carrol. The judge even told me I had retained very good counsel when I went in for my plea. I eneded up getting everything dropped down to disorderly conduct for yelling in the park.
KING
You may be in the drivers seat but God is holding the map. #GMSTRONG
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disorderly conduct for yelling in the park
I didn't know that was against the law? 
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Quote:
disorderly conduct for yelling in the park
I didn't know that was against the law?
I guess it is when they spend many dollars trying to prosecute you for something you didnt do because some busy body was upset becaue someone actually corrected their child for not doing what they were told. They actually showed up at my house(metroparks rangers) and took me from my fron yard in cuffs while my wife and kids watched on a Saturday morning and then wouldnt give me bail until I appeared in court on Monday and then the prosecutor for the metroparks insisted on a protection order against me for my whole family against their wishes. So not only did I sit in jail for three days I wasnt legally allowed to go to my own home for almost three months while they case was worked out despite the fact that my wife took my son and had him examined by a doctor immediatly after my arrest and the doctor said he didnt have a mark on him but yet the arrest report by the ranger said I was accused of striking him with a closed hand. The judge read the prosecutor the riot act for wasting his court time and space in his jail for a case like this. So after all that the prosecutor wanted something so rather than go through the further hassle and delay of a trial everything was dropped in exchange for a guilty plea to disorderly conduct.
I do beleieve though that without the lawyer who knew the judge well and could go in his chambers and talk to him about what was going on the prosecution would have pressed on with midemeanor 1 domestic assault.
KINNG
You may be in the drivers seat but God is holding the map. #GMSTRONG
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