Anyone here a cop or lawyer who may be able to give me some advice. I know T Nation may not be the best place to post this but I figured it couldn’t hurt to try.
Anyway last Friday I was at the Yankee parade and then went to The Devils game. On the way back to the train I had one of those dumb big novelty foam #1 fingers. I used my finger to knock the hat off an islander fan. I know a real douchebag move of me. The guy didn’t say anything but a cop saw me and gave me a disorderly conduct ticket. I called up the next day to see how much I’d have to pay and where to send it but I was told that these are criminal charges and I should go to court and try to plea it down. I did some research and the charges would in fact go on my record.
Now i’m not an idiot (although i was when i knocked the guys hat off) so I really don’t want a charge on my record. I fully admit I was wrong but a getting a record for that seems a bit extreme to me. Also I have never had so much as a speeding ticket before.
Has anyone here ever had anything like this happen to them? Are there any cops or lawyers who can give me advice on what to say to the prosecuter when I go to court? Do I need to hire a lawyer?
[quote]DB297 wrote:
JLu wrote:
That cop is a fucking douchebag.
That is not the issue however. Right now I need to figure out how to keep this off my record…[/quote]
That’s what you get for being a yankee fan.
I’m not a lawyer but a lot of times for smaller charges like this, the judge will have you do community service to have this expunged from your record.
I’d be happy to do community service or pay a fine. I’m just a bit nervous about things when I know if the prosecuter really wants to make an exapmle of someone I could end up w a criminal record for one stupid act that in the grand scheme of life was really nothing. Also I am questioning if this is really only a small charge. If it is a criminal charge I don’t think it is small.
It wasn’t like I even slapped the guy with my hand. it was a foam finger for christ sakes it bends when a small wind hits it. And the guy I did it to didn’t even complain.
I’m not saying I wasn’t a douche for doing it but come on…
[quote]DB297 wrote:
I’d be happy to do community service or pay a fine. I’m just a bit nervous about things when I know if the prosecuter really wants to make an exapmle of someone I could end up w a criminal record for one stupid act that in the grand scheme of life was really nothing. Also I am questioning if this is really only a small charge. If it is a criminal charge I don’t think it is small.
It wasn’t like I even slapped the guy with my hand. it was a foam finger for christ sakes it bends when a small wind hits it. And the guy I did it to didn’t even complain.
I’m not saying I wasn’t a douche for doing it but come on…[/quote]
Whatever you do, don’t come with those excuses in court. Just say “I did it, it was wrong, I don’t even know what I was thinking. I’m sorry.”
And it’s a misdemeanor - aka small charge. Job applications usually don’t even ask if you have any misdemeanors, they only ask for felonies. I wouldn’t worry too much about it.
Wait so you’re telling me a judge won’t just laugh and throw this out of court? It’s pretty fucked up if you get a criminal record for poking someones hat off with a foam finger…
I believe you need a lawyer if you don’t want to have the obvious consequences of pleading guilty. Even if only for an initial interview to gain some understanding, but possibly also for actual representation.
I understand that different states have different standards for proving disorderly conduct. In some states the prosecutor’s burden is quite substantial; in others pretty much all it takes is a cop’s say-so. I don’t know what the situation is in New York.
[quote]Bill Roberts wrote:
I believe you need a lawyer if you don’t want to have the obvious consequences of pleading guilty. Even if only for an initial interview to gain some understanding, but possibly also for actual representation.
I understand that different states have different standards for proving disorderly conduct. In some states the prosecutor’s burden is quite substantial; in others pretty much all it takes is a cop’s say-so. I don’t know what the situation is in New York.[/quote]
This times 10.
I’m flabbergasted this can happen to someone just playing around. Hopefully with no one making a complaint it will just get dropped. See an attorney and see a different one if he tells you to plea guilty or something stupid like that. Good luck.
don’t say anything, don’t admit to anything. just say i’d like to discuss with my lawyer, other than that, i use my right to remain silent. btw, don’t say you’re innocent, don’t say it was an accident, don’t admit you didit in hopes of getting off light. say NOTHING, except teh above. talk to an attorney.
overall not that serious, but who the hell wants anything on their record given the messed up state of the US justice system
You should definitely hire a lawyer. The lawyer will be able to file an action to get the charge reduced in exchange for community/civil service. The lawyer will also be able to present the judge with the facts that you have provided (previously clean record etc,) which will almost guarantee minimal punishment.
Do not try to go through this yourself to save money. In the long run, hiring a lawyer will be the much smarter move and will keep your record clean. Lawyers are there for a reason, they know the law inside and out and have dealt with cases like yours 1000 times over.
I agree with the above posts to go see a lawyer. Even if its a matter of just pleading it out (to a lesser charge perhaps), you might get better results than if you were to go pro se. If you don’t want to hire an attorney, you might be able to get representation for the state’s public defender office if you qualify or at least get some type of assistance from legal aid. Good luck.
[quote]DB297 wrote:
I’m not 100% sure job apps don’t ask about misdemeanors as well. If I plea guilty it would show up on all background checks from what I have read. [/quote]
Dude misdemeanors you pay a fine or perform some obligation, go on probation for a month or two and it is erased from your record. I had a prior misdemeanor and had to supply a background check for my employer and it came up clean.
I lawyer up when the wind blows wrong. You absolutely cannot take chances with the state that the legal syste is in. All I ever hear about is “Zero Tolerance” and “Make an Example.” Completely worth the money to keep stupid shit off your record.
Your punishment should have been that Islander fan shoving that foam finger up your ass for being a f**king douche!
That being said, I’d lawyer up. You’re right about doing everything you can to keep the incredibly f**king stupid ass decision you made to touch some stranger on the train off your record.
I’d have to agree that the cop was probably a dick for the ticket. I say probably a dick because lest we forget, we still don’t have the details on your response to the cop when he approached you. But giving you the benefit of the doubt and assuming you were apologetic, I would have let you off with a warning.
So just for the sake of the conversation, I’m curious…
How old are you?
Had you been drinking?
What was your response to the cop when he approached you?
The best of luck, man. It would definitely suck to have this permanently on your record.
[quote]JPCleary wrote:
Your punishment should have been that Islander fan shoving that foam finger up your ass for being a f**king douche!
That being said, I’d lawyer up. You’re right about doing everything you can to keep the incredibly f**king stupid ass decision you made to touch some stranger on the train off your record.
I’d have to agree that the cop was probably a dick for the ticket. I say probably a dick because lest we forget, we still don’t have the details on your response to the cop when he approached you. But giving you the benefit of the doubt and assuming you were apologetic, I would have let you off with a warning.
So just for the sake of the conversation, I’m curious…
How old are you?
Had you been drinking?
What was your response to the cop when he approached you?
The best of luck, man. It would definitely suck to have this permanently on your record.[/quote]
Like I said I know I was wrong here. I’m not looking to get off w/out any penalty but I do not want nor do I think I deserve a record.
This is embarasing to say (as is this whole story) but I am 30 years old.
Yes I was drinking
When the cop got me he pulled me to the side and said I should lock you up in Newark jail tonight for being an a$$hole. I asked what I did bc I couldn’t believe he would say that for a foam finger. He told me he saw me hit a guy w the finger and I said something along the line of are you kidding me. While he was writing the ticket I said this is bullsh!t and that was all.
In retrospect I should have said I was sorry right away to the cop but when he approached me screaming he was going to put me in jail I think most people would react how I did.
I get he most likey had a bad day working in Newark train station with people coming to and from the yankee parade and the hockey game and he had enough of people by the time this happened so I am not blaming the cop. I hit someones hat and I take responsibility but once again I do not fel this punishment fits the crime.
We have a lawyer or two on here. Maybe one will chime in.