montclair All American 1372 Posts user info edit post |
Sorry, other threads were old.
any suggestion for a lawer, I got a 2nd degree trespass and resisting an arrest?
I absolutely did not resist arrest. I was cuffed from behind and taken to the ground. I was talking to an officer at the time.
trespass was at a concert. it had ended and it was time to go. 4/29/2012 6:25:05 AM |
golbasi984 Veteran 427 Posts user info edit post |
Plead guilty.
[Edited on April 29, 2012 at 9:28 AM. Reason : That will be $200, thanks.] 4/29/2012 9:28:00 AM |
Beethoven All American 4080 Posts user info edit post |
What county? 4/29/2012 10:28:07 AM |
wolfpackgrrr All American 39759 Posts user info edit post |
There's obviously more to this story. It's not like a band plays their encore and the cops start immediately arresting people. 4/29/2012 10:52:12 AM |
montclair All American 1372 Posts user info edit post |
I didn't think the whole story was necessary. The show ended, and everyone packed their things up. I noticed my lawn chairs and the basket they are held in were gone. I look up and see a guy rolling my chairs away. I run up, take my chairs back and smack the guy with the chair. The police, who were ushering all of the people off the property (it was the TBMF), walked up and told us to leave and made sure the situation was fine. I was told to leave, and made it about fifty feet, counted my chairs and realized there still two missing. I went back and was speaking to another officer while the arresting officer runs back and arrests me while the other officer was talking to me. That's the whole story. Because he asked me to leave, and I came part of the way back to speak with another officer.
Wake County. 4/29/2012 11:31:34 AM |
Smath74 All American 93278 Posts user info edit post |
Quote : | "I run up, take my chairs back and smack the guy with the chair. " |
you should have been arrested for assault.4/29/2012 11:56:39 AM |
Meg All American 6759 Posts user info edit post |
yeah, if that is the whole story it's kinda weird the reasons he was actually arrested. 4/29/2012 12:00:23 PM |
montclair All American 1372 Posts user info edit post |
That's what the officer said. Said he was doing me a favor. It does bring up the question about using reasonable force to prevent theft etc... But that's the whole story.
You guys have any experience with defense attorneys for minor crimes? 4/29/2012 12:19:35 PM |
darkone (\/) (;,,,;) (\/) 11610 Posts user info edit post |
This really sucks for you. This incident is going to cost you more than those chairs were worth. 4/29/2012 1:03:59 PM |
duro982 All American 3088 Posts user info edit post |
Are you a student? If so, schedule an appointment with Student Legal Services. They will give you professional advice on the matter, will perhaps recommend someone, etc. at no costs (well the cost is included in your student fees).
Do not simply plead guilty without speaking to a lawyer. That's the kind of thing that can come back and bite you in the ass. Whereas spending a little money on a lawyer may go a long way. 4/29/2012 5:54:21 PM |
montclair All American 1372 Posts user info edit post |
Not a student anymore. I will definitely be getting a lawyer. 4/29/2012 6:46:58 PM |
golbasi984 Veteran 427 Posts user info edit post |
Well I hope you have like $1,700 because you wont be spending a "little" money if you want this to go away. 4/29/2012 8:36:54 PM |
tacolu Suspended 1136 Posts user info edit post |
Quote : | " I look up and see a guy rolling my chairs away. I run up, take my chairs back and smack the guy with the chair. " |
Seriously, like someone else said, you could have easily been charged with assault/battery.
Also, did you actually leave the premises and come back, or were you on them the entire time?
Judging by the definition if you still remained on them, it technically can't be trespassing yet.4/29/2012 8:56:54 PM |
ctnz71 All American 7207 Posts user info edit post |
how drunk were you? 4/29/2012 8:57:16 PM |
thegoodlife3 All American 39304 Posts user info edit post |
I got a 2nd Degree Tresspassing ticket for standing off of a sidewalk while talking on the phone
$300 in lawyer fees and it was dropped
both the DA and Judge commented on how ridiculous it was 4/29/2012 9:57:12 PM |
LaserSoup All American 5503 Posts user info edit post |
All this over some lawn chairs?
Quote : | "smack the guy with the chair" |
I got the image in my head of a wrestler hitting a guy over the head with a folding chair. Are you a wrestler?4/29/2012 10:27:38 PM |
tacolu Suspended 1136 Posts user info edit post |
See, shit just happens to people.
If you were black, you'd more than likely be on here bitching about how you only got arrested because you were black, when in reality, the cop was just an asshole and it was just going to happen, regardless of race.
That's what most black people fail to realize.
They just immediately jump to the "He only arrested me because I was black" excuse. 4/29/2012 10:39:52 PM |
BobbyDigital Thots and Prayers 41777 Posts user info edit post |
this thread has nothing to do with race, yet you start ranting about black people.
the fuck is wrong with you?
did you get passed over for grand wizard of your klan chapter?
[Edited on April 29, 2012 at 11:08 PM. Reason : .] 4/29/2012 11:07:39 PM |
ncsuallday Sink the Flagship 9818 Posts user info edit post |
you could have gotten assault with a deadly? weapon. battery if you really fucked the guy up.
you'll get the resisting arrest dropped and have to plead guilty to trespassing, which isn't really a big deal. that's all an attorney is going to be able to do for you so I would just get a court appointed defender to plead it down and save a ton of money, unless you're a first offender or something. If the court appointed defender can't get it plead down to just trespassing, motion for a continuance and get a real attorney. 4/30/2012 12:14:27 AM |
jaZon All American 27048 Posts user info edit post |
Did you get the other officers info?
Need to call his ass to testify 4/30/2012 1:45:37 AM |
GeniuSxBoY Suspended 16786 Posts user info edit post |
Why do you need a lawyer to tell the judge what you told us? 4/30/2012 3:56:15 AM |
Apocalypse All American 17555 Posts user info edit post |
Quote : | "I absolutely did not resist arrest. I was cuffed from behind and taken to the ground. I was talking to an officer at the time." |
Dude got taken down. I would seriously argue that this guy probably got sullied too.4/30/2012 4:53:43 AM |
NeuseRvrRat hello Mr. NSA! 35376 Posts user info edit post |
did you actually expect any good to come of that white trash gathering? 4/30/2012 7:38:46 AM |
Meg All American 6759 Posts user info edit post |
Quote : | "Why do you need a lawyer to tell the judge what you told us?" |
lol4/30/2012 7:39:13 AM |
Smath74 All American 93278 Posts user info edit post |
Quote : | "you'll get the resisting arrest dropped and have to plead guilty to trespassing, which isn't really a big deal. that's all an attorney is going to be able to do for you so I would just get a court appointed defender to plead it down and save a ton of money, unless you're a first offender or something." |
that's just plain wrong. a good attorney can probably get the judge to agree to dismiss the case if you agree to do community service and the like, and it will never go down as a conviction.4/30/2012 7:56:27 AM |
wolfpackgrrr All American 39759 Posts user info edit post |
Quote : | "did you get passed over for grand wizard of your klan chapter?" |
hahaha4/30/2012 9:31:54 AM |
duro982 All American 3088 Posts user info edit post |
you may also be able to do a first offenders program if these are misdemeanors. will cost you money, but the charges can be expunged after you've done community service. You don't really need a lawyer for that.
You could start by calling the D.A.'s office and simply asking them what your options will be. Or you go in the day of, ask what your options are, and then ask for a continuance if you don't like what you hear or are unsure.
[Edited on April 30, 2012 at 3:14 PM. Reason : .] 4/30/2012 3:11:06 PM |
GREEN JAY All American 14180 Posts user info edit post |
so did you ever get the chairs back 4/30/2012 3:26:08 PM |
tacolu Suspended 1136 Posts user info edit post |
Honestly, it doesn't really sound like you did that much wrong, especially if you went back and were talking to an officer.
I'd honestly just go in and tell your side of the story, minus the hitting the guy with the chair.
As long as the judge isn't some complete dick, he will probably just dismiss the charges. 4/30/2012 3:32:32 PM |
jbrick83 All American 23447 Posts user info edit post |
^Has your racist dumbass ever been to court for something other than a traffic ticket?? 4/30/2012 3:41:54 PM |
tacolu Suspended 1136 Posts user info edit post |
Yep.
And I've had to sit and listen to a bunch of rednecks defend themselves.
So I've seen a bunch of times where someone explained the situation and the judge sided with them after questioning both them and the arresting officer and deciding their wasn't enough evidence to warrant the charge.
So no, I am not just talking out of my ass about this. 4/30/2012 4:13:37 PM |
jbrick83 All American 23447 Posts user info edit post |
Quote : | "As long as the judge isn't some complete dick, he will probably just dismiss the charges." |
He fucking hit someone with a chair and did the exact opposite of what the first cop told him to do. I'm going to guess that he was more than likely drunk and being a little unruly. At the very least, if he really needed to get his chairs back, he should have gone to the officer who cut him the break and ask him if he could go back and get his chairs. So he was already given a break by not being charged with assault. A judge isn't going to dismiss any charges by this guy "telling his side." AT THE MOST, without an attorney, he will drop one of the charges (I'd guess resisting arrest).
Don't fuck around with this...get an attorney. Get a REALLY good attorney and you might get completely out of this. Get a decent one and you might get some community service, a first time offenders program, and clean record (is this your first offense??).
First lesson...don't listen to tacolu.4/30/2012 6:11:29 PM |
TreeTwista10 minisoldr 148439 Posts user info edit post |
maybe its just me, but i wouldn't spend thousands of dollars for 2nd degree trespassing and resisting an arrest
its not like he was charged with assault for hitting someone with a plastic chair
I got a trespassing charge one time in Wake County...i think the judge made us write a letter about why we shouldnt have been at the school playing football when it was closed
and apparently the resisting charge wasn't that serious, because they didn't give you assault on a government official, let alone assault on a concert chair thief
i got a ticket one time for public urination...at a keg party in raleigh, lines for the bathroom, i took a piss outside...when i went to court they were like "would you like to take a class and do community service to get it off your record?" and i was like "no i'll just plead guilty instead of wasting 10s of hours of my time to get a bullshit charge dismissed"
[Edited on April 30, 2012 at 6:26 PM. Reason : note: I AM NOT A LAWYER] 4/30/2012 6:21:54 PM |
jbrick83 All American 23447 Posts user info edit post |
Quote : | "maybe its just me, but i wouldn't spend thousands of dollars for 2nd degree trespassing and resisting an arrest" |
You shouldn't have to spend that much. A grand at the most IMO. I'd probably charge $500 for something like this.
And some people value a clean record. This is a shitty economy and anything that can raise a red flag on a job app needs to be avoided...no matter if it will cost you a grand. And resisting arrest charge is not something you want on your record.
Second lesson...don't listen to TreeTwista10
[Edited on April 30, 2012 at 6:27 PM. Reason : .]4/30/2012 6:27:14 PM |
Str8BacardiL ************ 41753 Posts user info edit post |
If you were in FL and the other guy was the community watch captain you would be needing some funeral services. 4/30/2012 6:28:35 PM |
TreeTwista10 minisoldr 148439 Posts user info edit post |
Quote : | "And some people value a clean record. This is a shitty economy" |
Some people value $1000. This is a shitty economy]4/30/2012 6:29:43 PM |
Slave Famous Become Wrath 34079 Posts user info edit post |
Resisting arrest is a tricky one. Like anyone willfully agrees to be arrested. Lots of cops don't differentiate between resisting arrest and resisting a public officer, even though the latter is a significantly lesser charge. Unless it was really egregious on your part, its generally something that won't bite you, but I'd still probably get it expunged if you have the means and opportunity. 4/30/2012 6:31:23 PM |
Str8BacardiL ************ 41753 Posts user info edit post |
IBT
JAMES CROUCH MUUUUFUCCCKKKASS 4/30/2012 6:31:52 PM |
montclair All American 1372 Posts user info edit post |
$1000 is worth a clean record. James Crouch? He still in trouble on the news? 4/30/2012 6:37:23 PM |
Slave Famous Become Wrath 34079 Posts user info edit post |
I paid 2500 to get a lewd conduct charge dropped. Its always worth it if you have any career ambitions whatsoever. 4/30/2012 6:46:42 PM |
jbrick83 All American 23447 Posts user info edit post |
Quote : | "Some people value $1000. This is a shitty economy" |
Yeah...people who don't have jobs.
Listen to TT...you'll be wearing shitty jerseys two sizes too big to Continental Tire Bowls for the next 10 years.4/30/2012 7:21:14 PM |
Shivan Bird Football time 11094 Posts user info edit post |
This is probably a terrible idea, but could he demand a trial by jury and hope that the DA won't care enough to go through with it? 4/30/2012 7:33:43 PM |
TreeTwista10 minisoldr 148439 Posts user info edit post |
hi i'm jbrick, i charge $200 per billable hour and i'd spend 5 grand getting out of a speeding ticket, you should too] 4/30/2012 7:43:22 PM |
smc All American 9221 Posts user info edit post |
I would do terrible things if I were in a situation like this. So I try to avoid them. When I'm in a confrontation, I back down. When my possessions are stolen, I don't report them. The police are too dangerous. It's better to be a pushover and ignored by the system.
I would suggest you pay your bribes and try to become ignored again. 4/30/2012 7:54:13 PM |
David0603 All American 12764 Posts user info edit post |
Quote : | "Yeah...people who don't have jobs." |
Hah. Agreed. Small amount in the grand scheme of things.4/30/2012 7:56:45 PM |
ncsuallday Sink the Flagship 9818 Posts user info edit post |
Quote : | "that's just plain wrong. a good attorney can probably get the judge to agree to dismiss the case if you agree to do community service and the like, and it will never go down as a conviction." |
that's why I put the bit in at the end saying unless he's a first offender. if he's not a first offender I think it would be tough to get it dropped completely, even with community service, but then again I'm not an attorney.4/30/2012 9:46:50 PM |
Restricted All American 15537 Posts user info edit post |
Quote : | "resisting arrest and resisting a public officer" |
Same charge4/30/2012 9:59:46 PM |
Slave Famous Become Wrath 34079 Posts user info edit post |
Pretty sure you're wrong. I've been charged with both. Have you? 4/30/2012 10:01:43 PM |
Restricted All American 15537 Posts user info edit post |
Nope, but I'm well versed in N.C.G.S 14-223 4/30/2012 10:05:29 PM |
Str8BacardiL ************ 41753 Posts user info edit post |
Call James Crouch. 4/30/2012 10:11:09 PM |