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#55041
Nyosuht
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Noxx:
If you have internet access, "criminal defense attorneys in $CITY" is a good start.
Neighboring cities/counties might be good too; when I needed a criminal defense attorney, everyone in town jumped straight to plea bargains. My out-of-town attorney got both felonies dismissed, but it took about six months and upward of $5k. Be honest about not having the money, and they will probably work with you on a payment plan.
Court-appointed attorneys (or public defenders) are likely to be seriously overworked and underpaid, and are more likely to try brokering a plea deal than to actually give you the defense you deserve. It's sad, but it's probably true in most of the US.

Since there seems to be no real evidence, I wouldn't expect it to go very far once they realize you aren't going to plea. However, I wouldn't rely on that. My own trip through the "justice" system has led me to realize that, "there is no justice, just us," isn't just a snappy line from a book.
 
Domestic violence often isn't "only a misdemeanor." It's a misdemeanor that costs you your gun rights and precludes you from working as a care provider for vulnerable people.
Those might not be a big deal to you, but prospective employers and professional licensing organizations are also likely to consider it, and it may have an effect on housing. Being convicted while in school, and especially in school housing, you might even have trouble with the school.
Since professional pilots are charged with the well-being of their passengers, I really wouldn't want to risk conviction, never mind accepting a plea.
Basically, it's felony-lite.
 
You've been accused of violence; anything you say about your accuser is worthless and likely will be dismissed as retaliatory. If a genuine concern existed, a reasonable person would have come forward before being accused of a crime.

Also: I find myself saying this far too often, but this isn't a movie or a TV show. That you were not mirandized probably means nothing, and has no bearing on the admissibility of any statements made while you were not in custody.

Also, Nyosuht, it is illegal to conceal carry here. For anyone. It is actually even illegal to carry a weapon publicly, unless you are a law enforcement officer. And even they mostly don't carry guns.

Less guns on the streets = less guns in the hands of someone who might do shit.

You sure?

It does appear that carried weapons must be concealed, so maybe you've just never noticed.

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In a state of tranquillity, wealth, and luxury, our descendants would forget the arts of war and the noble activity and zeal which made their ancestors invincible. ~Samuel Adams; 1 August, 1776
There are men, in all ages, who mean to exercise power usefully; but who mean to exercise it. They mean to govern well; but they mean to govern. They promise to be kind masters; but they mean to be masters. ~Daniel Webster; 15 March, 1837


#55042
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I'm not 100% sure what the laws are in immigration these days, but I'd be careful about any legal battle. My co-workers cousin can never become a citizen because of a DUI he got over 15 years ago. I don't know if that would effect work visas, but I'd still advise care. I don't know any lawyers in Texas, but it doesn't seem like a place that's short on domestic violence and immigration lawyers if it ever came to defending yourself.

For now, I'd try to recover any emails or texts sent to your RA complaining about your roomate
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#55043
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So i got arrested for Family Violence against my roommate on Sunday morning at 3am. We got in a heated argument, he called the cops and told them i assaulted him, i got arrested. Funny thing is, during our argument, not once did i even raise a hand pretending like i was gonna hit him. He basically told the cops i headbudded him, and then spat in his face. Strangely enough neither of us had any sort of bruising on our foreheads. Kid straight up lied to the cops. He even started crying saying he's fearing for his life. So i had to ask a friend to bail me out of jail. I have a court case in Nov, and after that i'm suing his ass for everything he has.


hope you didn't say anything to the cops

 
Anything as in what? When the cops arrived they asked us both what happened separately. It was kind of a "whoever we believe more isn't going to jail" situation, or at least that's what they made it seem like. Besides, i didn't tell them anything incrimination. Additionally, they interviewed me without reading me my rights. 
 
Also, i have so much other dirt on this kid, he's going to be lucky to not get a few years in prison after i'm done with him. Kid has made so many terrorist like remarks since we moved in together. Constantly walks around the house saying "praise Isis" for no reason, thinking it's funny. On Sep 10th he asked me "so how are we going to celebrate tomorrow" thinking Sep 11th was one big joke. Constantly jokes about how he's going to fly his plane into random buildings. Constantly makes jokes about how he wants to kill himself. Kid has a very sketchy background too. His parents came to the US when his mom was pregnant, just to have him. They lived here a few months i think, then moved back to Saudi. Now he's back here for the first time in basically 18 years studying to be a pilot. That shit, especially in Texas, is gonna sound hella sketchy. Even more so if you consider the shit he keeps saying.


a) anything as in *anything*. a bit too late now, but talking to cops if you're being arrested is a terrible idea. Literally give them your name and that's it. they say "anything you say *can* and *will* be used against you" for a reason - it's true.

b) get a lawyer. As much as you can't afford a lawyer, you can afford it more than you can afford *not* to have a lawyer

c) your dirt means zero, as Nyo said.

d) get a lawyer

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#55044
Tesset
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Also consider that things you post here can be called in as evidence, depending on how deep Discovery goes. If your computer is searched, even by your own lawyer (who I understand is the one who has to do discovery on your side), then it's petty likely they'll pull these last couple of posts, maybe more. So uh, just be careful about the accusations you're throwing around.

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#55045
Boris5000
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To summarise the last few posts:

 

Legalise lawyer and get a weed.


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#55046
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Delete gym.
Hit the lawyer.
Facebook up.

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In a state of tranquillity, wealth, and luxury, our descendants would forget the arts of war and the noble activity and zeal which made their ancestors invincible. ~Samuel Adams; 1 August, 1776
There are men, in all ages, who mean to exercise power usefully; but who mean to exercise it. They mean to govern well; but they mean to govern. They promise to be kind masters; but they mean to be masters. ~Daniel Webster; 15 March, 1837


#55047
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So i got arrested for Family Violence against my roommate on Sunday morning at 3am. We got in a heated argument, he called the cops and told them i assaulted him, i got arrested. Funny thing is, during our argument, not once did i even raise a hand pretending like i was gonna hit him. He basically told the cops i headbudded him, and then spat in his face. Strangely enough neither of us had any sort of bruising on our foreheads. Kid straight up lied to the cops. He even started crying saying he's fearing for his life. So i had to ask a friend to bail me out of jail. I have a court case in Nov, and after that i'm suing his ass for everything he has.


hope you didn't say anything to the cops

 
Anything as in what? When the cops arrived they asked us both what happened separately. It was kind of a "whoever we believe more isn't going to jail" situation, or at least that's what they made it seem like. Besides, i didn't tell them anything incrimination. Additionally, they interviewed me without reading me my rights. 
 
Also, i have so much other dirt on this kid, he's going to be lucky to not get a few years in prison after i'm done with him. Kid has made so many terrorist like remarks since we moved in together. Constantly walks around the house saying "praise Isis" for no reason, thinking it's funny. On Sep 10th he asked me "so how are we going to celebrate tomorrow" thinking Sep 11th was one big joke. Constantly jokes about how he's going to fly his plane into random buildings. Constantly makes jokes about how he wants to kill himself. Kid has a very sketchy background too. His parents came to the US when his mom was pregnant, just to have him. They lived here a few months i think, then moved back to Saudi. Now he's back here for the first time in basically 18 years studying to be a pilot. That shit, especially in Texas, is gonna sound hella sketchy. Even more so if you consider the shit he keeps saying.


It's probably hard to process everything right now because you're probably pretty angry and feel betrayed, etc. I understand that.

But please get a lawyer. It's your best bet. Try to contact multiple ones, maybe one will work on a payment plan. Way better than public defenders.

Just do that. Follow their advice to a T. Write it down on your hand if you have to.

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#55048
Bonez899
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To summarise the last few posts:

Legalise lawyer and get a weed.

Come to Canada and the government will help you with it tomorrow!

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#55049
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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)
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#55050
muggiwhplar
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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

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#55051
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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)

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#55052
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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.



#55053
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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.

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#55054
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Even if they recommend you plead guilty (unlikely, I'd think)

To be clear, it is extremely likely.

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#55055
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Also don't plead guilty. They tell you it will be a lesser sentence or maybe even a fine but its a trick.

 

 

Tbh Americas legal system is hopelessly screwed up. Its less than one step removed from the medieval trial by ordeal.



#55056
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Even if they recommend you plead guilty (unlikely, I'd think)

To be clear, it is extremely likely.

Unfortunately, this is my (admittedly limited) experience. Local attorneys were more interested in making a deal with their golf buddies than in what most of us would consider justice.

I'm glad you had the presence of mind to be photographed. That's one piece of evidence that probably isn't going to hurt you.

You should be able to get any evidence they plan to use against you, but you might get it faster (or a more complete record) through whatever freedom of information laws Texas has.
I'm not sure about Texas, but Michigan's FOIA has an exception for someone who is requesting records related to a case against them. It sounds stupid, but I had a friend file a request for me; they weren't allowed to deny his request, and he gave me a copy as soon as he had them. It caught the prosecutor flat-footed, because the police department apparently didn't give him everything they had.

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

Fair warning, I spent $10k pursuing a federal civil case against my accusers, on top of the $5k I spent on defense. The judge granted summary judgement in their favor, on the grounds that there was no disagreement of fact... totally disregarding that there was obvious disagreement between their statements and mine, and that audio recordings disproved their statements.

My options then were to cough up an additional $20k within a few weeks to appeal and maybe have it sent back in front of the same judge who had dismissed it once already, or to cut my losses and let them get away with it. As the former wasn't really an option, I was forced into the latter.
 

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.

I'm not entirely sure how things work in Texas, but he really wouldn't have any ability to "drop the case" in Michigan.
If he straight-up admitted to the prosecutor that he made a false report, the prosecutor might drop it. At that point, he'd be risking prosecution himself, and he doesn't seem like the sort of person who's big on accepting the consequences of his actions.

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In a state of tranquillity, wealth, and luxury, our descendants would forget the arts of war and the noble activity and zeal which made their ancestors invincible. ~Samuel Adams; 1 August, 1776
There are men, in all ages, who mean to exercise power usefully; but who mean to exercise it. They mean to govern well; but they mean to govern. They promise to be kind masters; but they mean to be masters. ~Daniel Webster; 15 March, 1837


#55057
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You don't have to elaborate on your experience if you don't want to, Nyo but I am curious about further details.
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#55058
obfuscator
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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

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#55059
Tesset
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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.

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I'll scrub until the damn thing comes off


#55060
Nyosuht
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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.

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In a state of tranquillity, wealth, and luxury, our descendants would forget the arts of war and the noble activity and zeal which made their ancestors invincible. ~Samuel Adams; 1 August, 1776
There are men, in all ages, who mean to exercise power usefully; but who mean to exercise it. They mean to govern well; but they mean to govern. They promise to be kind masters; but they mean to be masters. ~Daniel Webster; 15 March, 1837






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