Today...

[muggiwhplar]

If you have any misdemeanors or felonies on your record, it will vastly limit your rental options. Most apartments dont allow felonies or misdemeanors; so if you find a community which does allow them, the people who live there might also have misdemeanors/felonies

[The Observer]

I don't think a public defender would want to deal with digging through years worth of posts on a runescape fan forum, it's best not to mention it at all (but I'm not your lawyer, so basically just listen to whatever your lawyer suggests)

If you think it'll help your case, look up your posts here yourself and give it to your lawyer.

 

(Refering to Nox of course)

[Noxx]

Thanks for all the input guys. I went to a judge today and she told me that because it's a class 3, or charge 3, or category 3 (whatever they choose to call it) family violence charge, i will not have the option to get a court appointed lawyer. My only option is to get one myself. Additionally, if i choose to plead guilty or no-contest, the charge will basically be nothing more than just a ticket. If i choose to plead innocent though, and i'm later found guilty, then i could be charged in a more serious manner which means i lose the privilege to ever own a gun, i'll most likely get deported, and i'll most likely never be able to get a VISA again. So i wanna talk to a few lawyers and see what they say. I believe strongly that there is no substantial evidence against me. The only way evidence will exist is if he bashed his own head in before he called the cops, but even then it would look odd that he has bruises all over his head and i don't even have as much as a red spot. I made sure that the arresting officer took photos of my forehead to prove that i had no markings or bruises after i allegedly head budded him. I'm uncertain if they took any pictures of him though. But i don't think they did. I haven't seen the police report yet, and i'm still trying to find out whether or not i'm actually allowed to see it. But i have decided to get a lawyer regardless. I did nothing wrong, so i feel pretty confident that things are going to work out just fine for me. 

 

And when i'm found innocent, it's time to sue his ass for as much as a lawyer thinks i can get.

 

Also, i wouldn't be all too surprised if he ends up trying to drop the case himself. I don't think he realises just how much shit he has made for himself. I bet he probably thought i was gonna get arrested, spend a night in jail, then go home and we were going to laugh over the whole matter. I really don't think he expected things to go this far.

[obfuscator]

the US justice system sucks a lot of the time...shit like this is why something like 90% of people plead before trial, and you can bet a large chunk are innocent.

 

glad you're talking to lawyer. Even if they recommend you plead guilty (unlikely, I'd think), at least you'll have gotten a professional opinion.

[Tesset]

Even if they recommend you plead guilty (unlikely, I'd think)

To be clear, it is extremely likely.

[Ember]

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[RpgGamer]

You don't have to elaborate on your experience if you don't want to, Nyo but I am curious about further details.

[obfuscator]

You don't have to elaborate on your experience if you don't want to, Nyo but I am curious about further details.

They posted a lot about it back in the day iirc

[Tesset]

Particularly with Domestic Violence as the charge, I think even if he wants to drop it, the state is obligated to press charges because domestic violence has so many problems with victims dropping charges out of fear or whatever.

[Ember]

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[obfuscator]

 

You don't have to elaborate on your experience if you don't want to, Nyo but I am curious about further details.

I did post a lot about it as it happened, or as things cleared court and I could safely talk about it.

 

This is super condensed, and I've tried to limit things that identify me.

 

Basically, I was going about my day with a gun carried openly. It's legal here, and it was how I'd carried for years. Usually it's a non-issue if anyone even notices.

I was approached by police and asked whether I wanted to step outside to talk. I offered to talk where I was, and they carried me out into the parking lot.

After about an hour of trying to find something to charge me with, realizing I hadn't broken a law, and debating whether to escort me back in to take care of business, one officer gets the bright idea to frame my offer to talk where we were as felony resisting and obstructing. He also suggests that my struggle to not fall on the ground or get trampled on the way out was being combative. Obviously, they had to take my gun for their safety. "la di da di da" When the lieutenant seemed hesitant, he tossed in that I was part of a gang known to the department. The lieutenant finally gave in and I was arrested.

 

I spent about three days in a holding cell, discovered I was being charged with felony resisting and possession of a firearm while in the commission of a felony; two charges, 2 years each, and no way to have it expunged later. No more guns. No more voting. I'd lose my job, and have a much harder time finding a new one. The end of my world as I knew it.

 

At the pretrial, the prosecutor's only evidence was the police report. We agreed to delay a few times to wait for more, and the police department finally turned over dashcam video and worn mic audio after about six months. Video showed their discussion and decision to arrest, and charges were immediately dropped "in the interest of justice."

 

We filed a federal lawsuit for deprivation of rights under color of law.

Without getting too into the back and forth of it, both sides filed motions for summary disposition; basically saying their case was so strong that we didn't need to take the court's precious time.

They misrepresented a conversation with dispatch, claiming they were told I had a "gun in a backpack" and that was the basis for non-consensual contact.

I have recordings of radio communications where dispatch described me as having "a backpack and a gun," the lieutenant called in for confirmation that the gun was in a backpack, and the dispatcher replied that they were unable to confirm.

They knew before approaching me that the reason they would use to justify their use of force was a lie. Maybe they hoped we could have a "consensual" encounter and they wouldn't have to justify anything.

Without cause for a stop, the application of force and subsequent arrest was unlawful.

Instead of listening to the recordings or recognizing the contradictory statements of fact in our opposing motions, the judge granted summary disposition to the defendants, stating that there was no disagreement on facts. I didn't have resources to appeal, so that was pretty much the end.

 

I ran out of money in a pay-to-win system.

 

Is there any statute of limitations (or something similar) on that? As in, could you appeal it now if you had the money?

[Ember]

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[obfuscator]

 

Is there any statute of limitations (or something similar) on that? As in, could you appeal it now if you had the money?

As I understand it, I had 30 days from the issuance of the order granting summary disposition to file the notice of appeal.

 

In theory, I could have appealed without an attorney, or tried finding another attorney to take on the appeal.

In practice, not comfortable enough to self-represent in appeals court, and I was broke as hell.

 

well, at least the charges were dropped, which is the most important thing.

 

still, you do wonder if the police might be better behaved if the average person actually had the means to take them through court to the extent it was necessary

[Tesset]

 

 

Is there any statute of limitations (or something similar) on that? As in, could you appeal it now if you had the money?

As I understand it, I had 30 days from the issuance of the order granting summary disposition to file the notice of appeal.

 

In theory, I could have appealed without an attorney, or tried finding another attorney to take on the appeal.

In practice, not comfortable enough to self-represent in appeals court, and I was broke as hell.

 

well, at least the charges were dropped, which is the most important thing.

 

still, you do wonder if the police might be better behaved if the average person actually had the means to take them through court to the extent it was necessary

 

Or if they stood a chance of being indicted on criminal charges, at very minimum.

[RpgGamer]

Yeah that's some serious [bleep]ed up shit. I like the idea of a police force, but when they blur the lines between serving/protecting with legalized gangsters it's a spit in the face of what our country was intended for. Also the whole money buying justice this infuriates me.

 

I'm glad you got your charges dropped at least, but man what a load of bullshit

[Ember]

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[The Observer]

It seems to speak volumes about the general income divide in the United States that is just getting larger...

[RpgGamer]

Yo don't get me started, I already posted one socialist rant on here this week

[Arceus]

On a (maybe) lighter note, I had a delicious pizza this evening, as well as a whole pineapple...

[The Observer]

On a (maybe) lighter note, I had a delicious pizza this evening, as well as a whole pineapple...

You mean... pineapple... on pizza?

[RpgGamer]

I saw TTNG tonight with their original singer. I never thought I would get to, but dreams do come true.

 

Just a reminder to seize any opportunity you value while you still can. I might have caught MCR before their break up and Blink on their first reunion tour with Tom, but I'll never get to see Chester Bennington.

 

But TTNG with Stu was exactly as beautiful as I'd imagined.

[Dax]

I wish more bands would come to Australia. And then I'd wish they'd come out bush, I don't want to go to the city. I am going to Download Festival next year, though. Mostly to see Ghost and Judas Priest, so I'm pretty hyped for that. As for missing chances, the only one I'm truly sad I missed was Lemmy. Would have loved to see Motorhead. 

[Goonstalf]

yeah more bands should play in bushes

[Noxx]

I spoke to the director at school today regarding the situation, just to inform her from my side what happened. She told me that my roommate had already been there to see her the day before. He told her that the situation escalated far more than he expected and that he didn't want to put my career in jeopardy. As such, he would be willing to drop the case but he is scared that i might sue him afterwards. When she told me this i couldn't help but smile, cause at that moment i knew he realises he [bleep]ed up. He realises he overreacted, and now he's trying to backtrack. He told the same thing to the guy that drives us to school and back. Also, his story seems to be changing. He never mentioned to the school driver that i allegedly hit him, he just told the driver that apparently i threatened to kill him, which is why he called the cops on me. But on my police report it says i was arrested for acts of physical violence. So the fact that his story seems to be evolving could only be a good thing for me. Also, i think he realised that he's going to have to appear in court, and not just me, and he's starting to stress out about it.

 

So this is what i have come up with: 

 

Option 1: If he goes to the police, tells them he wants to drop the case, and admits that he blatantly lied and that the whole story was a fabrication, i would agree not to sue. This way, he has to face to consequences or his actions.

 

Option 2: He goes to the police and drops the case, but doesn't give them the actual reason as to why he wants to drop the case. I sue his ass to an early [bleep]ing grave.

 

Option 3: We go to court, i win the case (every lawyer i've spoken to in the past 2 days has told me there should be no reason for me to lose my case, i have a very strong case) and i sue his ass to an early [bleep]ing grave. 

 

Also, if he does decide to drop the case, i'll give him till the end of the week to go do it. The sooner this is over, the better. Also, that is to say if he's even able to drop the charges. Like Nyosuth said, it's basically up to the prosecutor whether or not charges will be dropped. But i'm sure that if he tells them exactly why he wants charges to be dropped, and since there is no evidence, it might not be much of an issue. 

[Tesset]

Again, you should stop threatening to sue. It's not likely you're going to get anything out of it.