Harassment, Stalking, Misconduct Disorderly Conduct - Yelling, starting, and participating in a fight

[Vegeta9]

City, State = Cincinnati, OH

My record is clean as a whistle and my biggest concern is keeping it clean since I'm approaching graduation. With this economy everyone is looking for a reason to shorten the stack of applications, and having a misdemeanor on my record scares the shit out of me. I cannot afford to wait a year for it to go away.

Friends and I left the bar at around 2:00 AM. We were all drunk, but definitely still coherent, able to think straight, you wouldn't be able to tell, etc. I left with my two friends and friend #1 was walking next to me, and friend #2 was walking behind us. We were arguing about something intensely and my friend #2 came up from behind, put me in a headlock, and took me to the ground. I was stunned and didn't resist much beyond trying to help myself be able to breathe. Friend #1 told him to let me go after like 30 seconds.

We proceed another block up and I'm still only arguing with friend #1. A police officer approaches us because I'm yelling. Obviously a reasonable person would be angry, and I'm the one who is bleeding, has a black eye because he punched me too, etc. Right or wrong I did not like the idea of talking to a police officer after drinking so I asked him if was being detained and if I was free to go. He said "No you're not being detained." Still filled with anger and rage at my friends and the situation I gave him a response lathered with attitude saying "THANKS!" and kept walking. My friends decided to follow me and continue the arguing and I drunk me was happy to oblige. Friend #1 started bringing out low blows about my father and other stuff and I was livid. I drunkenly hit him in the face (not that it matters, but not much force at all. I'd be surprised if he has a bruise or anything) and that's when the officer ran up to me and cuffed me. They took off like the great friends they were and I was put in the back of the cop car in cuffs.

Officer took me home, dropped me off, and handed me a ticket for a minor misdemeanor. I thanked him, and that was that.


It's also ironic how both have records for crimes relating to alcohol, I'm the one bleeding, and I was the only one taken away. Punching him was a bad idea, but I'm still not sure if the officer actually saw this. He probably did, who knows.

I can pay a fine or appear in court. I probably can't afford a lawyer and obviously need to appear in court to contest this or it will be on my record, right?

Do you think I have a shot at the charges being dropped or avoiding this being put on my record. I need any advice and would be forever grateful and appreciative. Thank you.

Vegeta

 

[army judge]

You're innocent until PROVEN GUILTY in a court of law. Don't plead to ANYTHING.
The state has the BURDEN OF PROVING your guilt.
You have the RIGHT TO REMAIN SILENT. USE IT!!!

So, appear in court as directed.
Be dressed in business attire, be polite, listen to ALL instructions given by the bailiff.

When you're called, step up and say:

NOT GUILTY.
You can hire your own lawyer in advance of the court date.
If you can't afford one, ask the court to appoint one to represent you.
But, you'll have to qualify, being broke or poor doesn't mean you'll get a taxpayer funded lawyer, but you can try.

You can see if any if your FRIENDS will testify in your behalf to support your story, but discuss that with your lawyer.

In the meantime, STOP DRINKING ALCOHOL, it's illegal at your age.

You can POSSIBLY get this fixed, but NOT if you keep drinking.

Start attending ALCOHOLICS ANONYMOUS meetings, work a "clean and sober" program.
That impresses judges.
Get psychological help, and drug abuse counseling through the university.

Whatever you do, SHUT UP about this.

 

[Vegeta9]

You're innocent until PROVEN GUILTY in a court of law. Don't plead to ANYTHING.
The state has the BURDEN OF PROVING your guilt.
You have the RIGHT TO REMAIN SILENT. USE IT!!!

So, appear in court as directed.
Be dressed in business attire, be polite, listen to ALL instructions given by the bailiff.

When you're called, step up and say:

NOT GUILTY.
You can hire your own lawyer in advance of the court date.
If you can't afford one, ask the court to appoint one to represent you.
But, you'll have to qualify, being broke or poor doesn't mean you'll get a taxpayer funded lawyer, but you can try.

You can see if any if your FRIENDS will testify in your behalf to support your story, but discuss that with your lawyer.

In the meantime, STOP DRINKING ALCOHOL, it's illegal at your age.

You can POSSIBLY get this fixed, but NOT if you keep drinking.

Start attending ALCOHOLICS ANONYMOUS meetings, work a "clean and sober" program.
That impresses judges.
Get psychological help, and drug abuse counseling through the university.

Whatever you do, SHUT UP about this.

Army Judge thank you for your reply. Very good insight, I am of age to drink as a 23 year old though. I think I can count out my friends testifying on me behalf as I've decided to delete them from my life.

I thought I read this but I could be incorrect - if the court appoints the lawyer for me isn't it free of charge or usually an extremely small fee?

I'm not sure about the alcoholics anonymous and university counseling part. I definitely need to be more in control, but this is the first time something like this has ever happened to me. Wouldn't it appear like I am admitting I DO have an alcoholic problem if I told the judge I was joining a "clean and sober program" as you say?

What are the odds that they show mercy on me since this is my first offense? Will my record be screwed? Thanks again!

 

[army judge]

Army Judge thank you for your reply. Very good insight, I am of age to drink as a 23 year old though. I think I can count out my friends testifying on me behalf as I've decided to delete them from my life.

I thought I read this but I could be incorrect - if the court appoints the lawyer for me isn't it free of charge or usually an extremely small fee?

I'm not sure about the alcoholics anonymous and university counseling part. I definitely need to be more in control, but this is the first time something like this has ever happened to me. Wouldn't it appear like I am admitting I DO have an alcoholic problem if I told the judge I was joining a "clean and sober program" as you say?

What are the odds that they show mercy on me since this is my first offense? Will my record be screwed? Thanks again!

Okay, I mistook minor misdemeanor as MIP or MIC.


Same advice applies.

When you're called, step up and say:

NOT GUILTY.
You can hire your own lawyer in advance of the court date.
If you can't afford one, ask the court to appoint one to represent you.
But, you'll have to qualify, being broke or poor doesn't mean you'll get a taxpayer funded lawyer, but you can try.

You can see if any if your FRIENDS will testify in your behalf to support your story, but discuss that with your lawyer.

In the meantime, STOP DRINKING ALCOHOL, talk to an alcohol abuse counselor, start fixing your demons.

You know behavior like what you engaged in isn't appropriate, especially in public.

If your financial circumstances qualify, in Texas for example, you get a taxpayer funded attorney.
You aren't required to any ANYTHING.
Works that way in most places, as far as I know.

If you don't meet the court's needs test, you must hire your own.
It'll all be explained to you.

You don't want ANY of this silliness on your record.

You're right, it'll keep you unemployed, or underemployed.

If you plea, the court will order you a program, maybe even require you to submit to drug and alcohol testing, or wear one of those bracelets.

Nonetheless, alcohol was involved, as well as poor choices, as regards your pals.

A simple disorderly conduct pea might be appropriate (no mention of alcohol).

But, talk to a couple local lawyers. The initial meeting is often FREE.

 

[Vegeta9]

Okay, I mistook minor misdemeanor as MIP or MIC.


Same advice applies.

If your financial circumstances qualify, in Texas for example, you get a taxpayer funded attorney.
You aren't required to any ANYTHING.
Works that way in most places, as far as I know.

If you don't meet the court's needs test, you must hire your own.
It'll all be explained to you.

You don't want ANY of this silliness on your record.

You're right, it'll keep you unemployed, or underemployed.

If you plea, the court will order you a program, maybe even require you to submit to drug and alcohol testing, or wear one of those bracelets.

Nonetheless, alcohol was involved, as well as poor choices, as regards your pals.

Thank you for answering my questions Army Judge!

I did not realize "minor" could be confused for underage drinking. I apologize for not specifying and making that clear!

In terms of a lawyer is that something I should call and get arranged ahead of time? Obviously if I do nothing up until the court date and they tell me I have to pay for my own it's not like I have one on speed-dial or anything like that.

When you say "if you plea", what do you exactly mean? I apologize for my ignorance here, but from what I understand a plea or "agreement" can sometimes be reached between the judge and the accused. The plea would have to be offered to me, correct? Or do I need to ask for them to meet me halfway?

You're absolutely right I made quite poor choices and take full responsibility for my behavior and putting myself in that type of situation. Is there any other advice you can think of in order for me to put myself in the best position to keep this off my record? A year is a long time to wait in order to attempt expunging my misdemeanor off my record in the case that I am found guilty.

Thanks for everything, I truly appreciate your help.

 

[army judge]

Thank you for answering my questions Army Judge!

I did not realize "minor" could be confused for underage drinking. I apologize for not specifying and making that clear!

In terms of a lawyer is that something I should call and get arranged ahead of time? Obviously if I do nothing up until the court date and they tell me I have to pay for my own it's not like I have one on speed-dial or anything like that.

When you say "if you plea", what do you exactly mean? I apologize for my ignorance here, but from what I understand a plea or "agreement" can sometimes be reached between the judge and the accused. The plea would have to be offered to me, correct? Or do I need to ask for them to meet me halfway?

You're absolutely right I made quite poor choices and take full responsibility for my behavior and putting myself in that type of situation. Is there any other advice you can think of in order for me to put myself in the best position to keep this off my record? A year is a long time to wait in order to attempt expunging my misdemeanor off my record in the case that I am found guilty.

Thanks for everything, I truly appreciate your help.

Look into hiring your own lawyer, the sooner the better.

Ths will take weeks, perhaps months to remove, so relax. They won't rush it, you're just another number to the persecutor.

If you don't qualify do taxpayer supported legal help, you can ask the judge for a couple r three weeks to get it sorted.

Now, deep breath, relax, slow down, it's out of your hands now.

Also, remember the part about remaining silent, discuss this only with a lawyer.

It's okay to discuss it with an attorney, hired or nt, it's protected.

 

[Vegeta9]

Thank you for all the advice and help Army Judge! I will keep you updated on my situation.

If there are any others who have experience or knowledge to answer my questions I would definitely appreciate it. It would be nice to get feedback from several users and reach a consensus. Looking forward to your reply.