A relative confronted someone he knew had stolen from him. Words were exchanged, fingers were pointed, and opinions about what should have happened to the thief were made. No actual threats, nothing physical.
The thief went to the local cops and told them he'd been assaulted by my relative.
About two hours after the confrontation, the cops came to the house to question the relative. The first thing they said was "You're not in any trouble. We just want to ask you a few questions so we can tell him we talked to you about this." The relative was very honest in responding about what he'd said, even telling the cops, "I have no reason to lie, I did nothing wrong. I never told him I was going to hurt him, I simply told him what I thought should happen to everyone that's a thief."
When they were done they told him, "That's all we need. Nothing will come of this."
Imagine his surprise when his court summons for assult appeared in the mail.
He hired a lawyer. A guy with a clean record was looking at a year plus fines. The "evidence" against him was the words of the thief and the conversation the cops had with him at the house.
He asked the lawyer how they could do that, since he'd never been read his rights or arrested. He even asked the lawyer to call me as a witness to what was said between him and the cops. The lawyer told him since he wasn't arrested they didn't have to read his rights and that it wasn't worth it to call a witness. "Just plead and get it over with."
Even though it was plead down to a lesser crime, the conviction will affect him in the future. He had an opportunity to take a trip, but because of his charge, he was excluded from eligibility.
Can he appeal? How long do you have to appeal?
The thief went to the local cops and told them he'd been assaulted by my relative.
About two hours after the confrontation, the cops came to the house to question the relative. The first thing they said was "You're not in any trouble. We just want to ask you a few questions so we can tell him we talked to you about this." The relative was very honest in responding about what he'd said, even telling the cops, "I have no reason to lie, I did nothing wrong. I never told him I was going to hurt him, I simply told him what I thought should happen to everyone that's a thief."
When they were done they told him, "That's all we need. Nothing will come of this."
Imagine his surprise when his court summons for assult appeared in the mail.
He hired a lawyer. A guy with a clean record was looking at a year plus fines. The "evidence" against him was the words of the thief and the conversation the cops had with him at the house.
He asked the lawyer how they could do that, since he'd never been read his rights or arrested. He even asked the lawyer to call me as a witness to what was said between him and the cops. The lawyer told him since he wasn't arrested they didn't have to read his rights and that it wasn't worth it to call a witness. "Just plead and get it over with."
Even though it was plead down to a lesser crime, the conviction will affect him in the future. He had an opportunity to take a trip, but because of his charge, he was excluded from eligibility.
Can he appeal? How long do you have to appeal?
