So I just almost got arrested

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MrGeezer

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#101 MrGeezer
Member since 2002 • 59765 Posts
Just out of curiosity, how bad would it be if you were convicted? What is the penalty for this kind of crime? Are we typically talking about jail time here? Or just a few hours community service, maybe a small fine? And I understand that you don't want to have a record, but it sounds like it's a pretty minor charge. Is this gonna be something that your employer cares about or that's likely to get you screwed up in other ways? I'm not trying to be dismissive or anything, I'm just saying that one has to prepare for the possibility that they won't beat the charges. If these charges do stick and you end up getting convicted, how bad is that likely to be?
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Treflis

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#102 Treflis
Member since 2004 • 13757 Posts
Just appear in court and explain yourself, maybe you'll be let off or given a minor fine, worst case I end up reading you got 20+ years for this here in OT.
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WhiteKnight77

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#103 WhiteKnight77
Member since 2003 • 12605 Posts

[QUOTE="br0kenrabbit"]

I sure hope so. I've a clean record at age 37, it would suck to have it marred over this shit.

m0zart

I am glad you at least didn't get arrested.

I applied for that Global Entry pass recently so I could more easily get through customs and immigrations, which the last three or four trips has been a four hour nightmare in a large room without air conditiong. I had to go in for an inverview to qualify. I was asked "Have you ever been arrested?", so I joked and said "Never convicted of anything." She said "No, I said arrested. Have you ever been arrested?"

I said no, because I haven't. Then I had to ask the inevitable question -- why does it matter if I have been arrested. False arrests happen all the time. She said that any arrests could bar me from qualification, even if any charges were dropped or resolved without conviction or a guilty plea, which means even if the arrest was a mistake.

I was surprised and disappointed. An arrest record apparently is worse than I thought.

Due to my job, I have a requirment to have a TWIC (Transportation Workers Identification Card) card to enter some oil refineries due to them having ports associated with them. You have to go through a background check to get one. I passed the background check to get the card. Now, the thing is, it is the same background check one has to have before buying a gun, yet said card cannot be used to show that you have nothing in your background to prevent one from buying one. Sheer idiocy if you ask me.

Also, Canada will not let you in for work if you have a DUI. Yes, having an arrest can keep one from plenty of things. 

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WhiteKnight77

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#104 WhiteKnight77
Member since 2003 • 12605 Posts

Just appear in court and explain yourself, maybe you'll be let off or given a minor fine, worst case I end up reading you got 20+ years for this here in OT.Treflis

I have never heard of anyone getting jail time for trespassing in and of itself. 

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br0kenrabbit

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#105 br0kenrabbit
Member since 2004 • 18126 Posts

Just out of curiosity, how bad would it be if you were convicted? What is the penalty for this kind of crime? Are we typically talking about jail time here? Or just a few hours community service, maybe a small fine? And I understand that you don't want to have a record, but it sounds like it's a pretty minor charge. Is this gonna be something that your employer cares about or that's likely to get you screwed up in other ways? I'm not trying to be dismissive or anything, I'm just saying that one has to prepare for the possibility that they won't beat the charges. If these charges do stick and you end up getting convicted, how bad is that likely to be?MrGeezer

It's a class C misdemeanor so same level as a traffic ticket. The problem is that I am a private pilot and I do sometimes fly out of the country on pleasure trips, and this could complicate matters.

When someone sees the charge 'Criminal Trespassing' they aren't likely to think "some dude walking along the railroad tracks".

 

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brickdoctor

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#106 brickdoctor
Member since 2008 • 9746 Posts

Reminds me of a close call I had this summer fishing in a factory hot pond. The only difference was I was being stupid and they threatened to put me on a terrorist watch list. Not my brightest moment, but fish count was amazing.

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TacticalDesire

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#107 TacticalDesire
Member since 2010 • 10713 Posts

[QUOTE="Pirate700"]

I don't get it. How were you trespassing? Don't take this the wrong way, but it sounds like there has to be more to this story. It doesn't make sense otherwise.

2ndWonder

Depends on where he lives. The cops here (WV) do crazy things. My mother was arrested for sitting her car. Had to spend the weekend in jail for no reason and we had to pay $200 (that we didn't have to spare) to get her out. She said on the day she got arrested. The other cops busted through some guys front window, killed his dog and pulled the guy out the window (he was watching tv) and arrested him. They broke the door down to the house next to his and arrested the people in there. They also arrested anyone that was walking on the block. In total my mom said about 25 - 30 people were arrested for doing nothing. The cops then tried to say that the people were trying to start a riot and that they arrested them for that reason.

Jesus f*cking christ.  That is sickening.  I was reading an interesting article written by someone in a small town with very low crime rates, who said that once when there was one robber with a knife the police force showed up in full combat and riot gear.  His hypothesis was that many officers want power, and glory, and want to feel like soliders without the sacrifices and difficulties that real soldiers have to face.

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deactivated-5acfa3a8bc51d

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#108 deactivated-5acfa3a8bc51d
Member since 2005 • 7914 Posts
Damn br0ken you just got owned I feel you tho good luck
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ultimate-k

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#109 ultimate-k
Member since 2010 • 2348 Posts

Become a masked vigilante!

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TacticalDesire

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#110 TacticalDesire
Member since 2010 • 10713 Posts

[QUOTE="m0zart"]

[QUOTE="br0kenrabbit"]

I sure hope so. I've a clean record at age 37, it would suck to have it marred over this shit.

WhiteKnight77

I am glad you at least didn't get arrested.

I applied for that Global Entry pass recently so I could more easily get through customs and immigrations, which the last three or four trips has been a four hour nightmare in a large room without air conditiong. I had to go in for an inverview to qualify. I was asked "Have you ever been arrested?", so I joked and said "Never convicted of anything." She said "No, I said arrested. Have you ever been arrested?"

I said no, because I haven't. Then I had to ask the inevitable question -- why does it matter if I have been arrested. False arrests happen all the time. She said that any arrests could bar me from qualification, even if any charges were dropped or resolved without conviction or a guilty plea, which means even if the arrest was a mistake.

I was surprised and disappointed. An arrest record apparently is worse than I thought.

Due to my job, I have a requirment to have a TWIC (Transportation Workers Identification Card) card to enter some oil refineries due to them having ports associated with them. You have to go through a background check to get one. I passed the background check to get the card. Now, the thing is, it is the same background check one has to have before buying a gun, yet said card cannot be used to show that you have nothing in your background to prevent one from buying one. Sheer idiocy if you ask me.

Also, Canada will not let you in for work if you have a DUI. Yes, having an arrest can keep one from plenty of things. 

Which to me seems counterintuitive when our justice system promotes an "innoncent until proven guilty" approach.

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dude_brahmski

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#111 dude_brahmski
Member since 2013 • 472 Posts

Yeah, go with the lawyer thing.

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LJS9502_basic

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#113 LJS9502_basic
Member since 2003 • 180239 Posts
At the most it's a fine.
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BeardMaster

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#114 BeardMaster
Member since 2012 • 1686 Posts

Yeah, go with the lawyer thing.

dude_brahmski

 

layers are obviously best, but damn expensive.

 

Try to handle it on your own, ask for a continuance in order to get legal representation if it doesnt get dismissed outright, imo.

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dude_brahmski

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#115 dude_brahmski
Member since 2013 • 472 Posts

[QUOTE="dude_brahmski"]

Yeah, go with the lawyer thing.

BeardMaster

 

layers are obviously best, but damn expensive.

 

Try to handle it on your own, ask for a continuance in order to get legal representation if it doesnt get dismissed outright, imo.

If it wasn't so bizarre, I'd agree.

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DavesAlt

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#116 DavesAlt
Member since 2012 • 950 Posts
Should be noted that it is illegal to walk along/across/near tracks and that it would be considered what the tc was charged with. Though that may vary state to state
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AmazonTreeBoa

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#117 AmazonTreeBoa
Member since 2011 • 16745 Posts

I am a little confused from the description vs. the charge. Were you actually trespassing? What qualifies that as trespassing?

You should call your lawyer.

m0zart
Him being on the track is trespassing. @TC. Just explain yourself to the judge and why you did what you did. If he has a lick of common sense, he will dismiss the case.
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foxhound_fox

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#118 foxhound_fox
Member since 2005 • 98532 Posts
LOLWUT
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Gibsonsg527

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#119 Gibsonsg527
Member since 2010 • 3313 Posts

Wow that cop sounds like a real dick

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psymon100

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#120 psymon100
Member since 2012 • 6835 Posts

That sounds ridiculous. Let's hope you get a sane judge. 

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LJS9502_basic

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#121 LJS9502_basic
Member since 2003 • 180239 Posts

That sounds ridiculous. Let's hope you get a sane judge. 

psymon100
The reason it's trespassing is because it's dangerous.....
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deactivated-6127ced9bcba0

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#122 deactivated-6127ced9bcba0
Member since 2006 • 31700 Posts

The only thing I can think of is you may have looked suspicious by trying to avoid them the way you did.

I would fight it. Explain yourself. Go back to the site and take some photographs. If there is a NO TRESPASSING sign, you're fvcked. If there isn't, then you may win.

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JangoWuzHere

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#123 JangoWuzHere
Member since 2007 • 19032 Posts

You probably looked suspicious. You were doing something illegal and that gave them a reason to run up and harass you fully.

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foxhound_fox

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#124 foxhound_fox
Member since 2005 • 98532 Posts
[QUOTE="LJS9502_basic"] The reason it's trespassing is because it's dangerous.....

In what way? Trains are behemoth machines lit up like Xmas trees... it would be impossible to miss one, unless you are blind and deaf... and even then you could feel the vibrations through your feet as it approaches.
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JangoWuzHere

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#125 JangoWuzHere
Member since 2007 • 19032 Posts

[QUOTE="LJS9502_basic"] The reason it's trespassing is because it's dangerous.....foxhound_fox
In what way? Trains are behemoth machines lit up like Xmas trees... it would be impossible to miss one, unless you are blind and deaf... and even then you could feel the vibrations through your feet as it approaches.

You can get your foot stuck, trip and fall and go unconscious, cut yourself on the sharp metal, and you could get hit be a train car.

Not everything on the railroad is a loud towering behemoth. Train operations sometimes involve pushing train cars around, and these movements are silent and are not lit up by lights.

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WhiteKnight77

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#126 WhiteKnight77
Member since 2003 • 12605 Posts

[QUOTE="LJS9502_basic"] The reason it's trespassing is because it's dangerous.....foxhound_fox
In what way? Trains are behemoth machines lit up like Xmas trees... it would be impossible to miss one, unless you are blind and deaf... and even then you could feel the vibrations through your feet as it approaches.

Man killed by train in Marietta identified shows it does happen. There are two sets of tracks through the city and you cannot tell which set of tracks a train is on just by the vibrations. 

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Trail_Mix

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#127 Trail_Mix
Member since 2011 • 2579 Posts

[QUOTE="foxhound_fox"][QUOTE="LJS9502_basic"] The reason it's trespassing is because it's dangerous.....JangoWuzHere

In what way? Trains are behemoth machines lit up like Xmas trees... it would be impossible to miss one, unless you are blind and deaf... and even then you could feel the vibrations through your feet as it approaches.

You can get your foot stuck, trip and fall and go unconscious, cut yourself on the sharp metal, and you could get hit be a train car.

Not everything on the railroad is a loud towering behemoth. Train operations sometimes involve pushing train cars around, and these movements are silent and are not lit up by lights.

Can't you apply all this to a sidewalk too?
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br0kenrabbit

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#128 br0kenrabbit
Member since 2004 • 18126 Posts

Can't you apply all this to a sidewalk too?Trail_Mix

Yeah, no joke. I've almost been hit on the sidewalk a few times, once by a mailman who was flipping through mail and running with two wheels on the sidewalk.

So I meet with my lawyer next week. Time to lube up the old wallet. :?

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Zensword

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#129 Zensword
Member since 2007 • 4511 Posts
Good luck brokenrabbit
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br0kenrabbit

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#130 br0kenrabbit
Member since 2004 • 18126 Posts

The only thing I can think of is you may have looked suspicious by trying to avoid them the way you did.

I would fight it. Explain yourself. Go back to the site and take some photographs. If there is a NO TRESPASSING sign, you're fvcked. If there isn't, then you may win.

airshocker

You're a cop, right? Will I get a chance to talk to the prosecutor before I see the judge?

Edit: The only signage is the rail crossing X sign and a little sign under that says "In case of stalled vehicle call XXXXXX and reference crossing #XXXXX".

 

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deactivated-6127ced9bcba0

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#131 deactivated-6127ced9bcba0
Member since 2006 • 31700 Posts

You're a cop, right? Will I get a chance to talk to the prosecutor before I see the judge?

Edit: The only signage is the rail crossing X sign and a little sign under that says "In case of stalled vehicle call XXXXXX and reference crossing #XXXXX".

br0kenrabbit

Depends. In my area ADAs don't often waste their time with you unless you've really fvcked up.

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indzman

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#132 indzman
Member since 2006 • 27736 Posts

If i done nothing wrong , i'd try to explain my best to cops or go to any lenghts as seek a lawyer to prove my innocense. Cops are not dumbfvcks , they are only doing thier duty. Cops do understand who's right or who's wrong unless there is something more to the story. 

From what i gathered TC you were in the wrong place in the wrong time, apologize if you were tresspassing or pay fine watever.

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quadraleap

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#133 quadraleap
Member since 2004 • 36581 Posts
My reflex response is that almost doesn't count, and I know I owe you more than that. ;)
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jsmoke03

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#135 jsmoke03
Member since 2004 • 13719 Posts

theyll probably let you off if you plead ignorance. easy if you are a minor.

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br0kenrabbit

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#136 br0kenrabbit
Member since 2004 • 18126 Posts

Case dismissed. Lawyer isn't dismissing my bill, though. :(

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BeardMaster

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#137 BeardMaster
Member since 2012 • 1686 Posts

Case dismissed. Lawyer isn't dismissing my bill, though. :(

br0kenrabbit

 

Yea you really should have just talked to the prosecutor before lawyering up.

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br0kenrabbit

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#138 br0kenrabbit
Member since 2004 • 18126 Posts

Yea you really should have just talked to the prosecutor before lawyering up.

BeardMaster

Did not know that was an option.

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BeardMaster

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#139 BeardMaster
Member since 2012 • 1686 Posts

[QUOTE="BeardMaster"]

Yea you really should have just talked to the prosecutor before lawyering up.

br0kenrabbit

Did not know that was an option.

 

I thought i even told you to do that back when you first posted this thread. Then again maybe i didnt word it clearly.

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BeardMaster

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#140 BeardMaster
Member since 2012 • 1686 Posts

[QUOTE="BeardMaster"]

Sounds like the cop saw you avoiding him and thought you were doing so because you had a warrant or were doing something illegal. When he was wrong he seemed a little butthurt and rather than just saying he was wrong (like a cop would ever do that) gave you a ticket and proceeded to try to make it seem like he was being a nice guy by not arresting you.

 

Goto court and explain it to the prosecuter/judge they might just throw it out.

br0kenrabbit

I sure hope so. I've a clean record at age 37, it would suck to have it marred over this shit.

 

 

you dun reed too gud.

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br0kenrabbit

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#141 br0kenrabbit
Member since 2004 • 18126 Posts

[QUOTE="br0kenrabbit"]

[QUOTE="BeardMaster"]

Sounds like the cop saw you avoiding him and thought you were doing so because you had a warrant or were doing something illegal. When he was wrong he seemed a little butthurt and rather than just saying he was wrong (like a cop would ever do that) gave you a ticket and proceeded to try to make it seem like he was being a nice guy by not arresting you.

 

Goto court and explain it to the prosecuter/judge they might just throw it out.

BeardMaster

I sure hope so. I've a clean record at age 37, it would suck to have it marred over this shit.

 

 

you dun reed too gud.

Oh, no...I read it. I even went to the Clerk of Courts and asked if I could speak to anyone weeks ago, they said I just had to show up on my court date.

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LOXO7

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#142 LOXO7
Member since 2008 • 5595 Posts
Its because of your race.DaBrainz
Yeah, if you were black he would have shot you.
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BeardMaster

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#143 BeardMaster
Member since 2012 • 1686 Posts

Oh, no...I read it. I even went to the Clerk of Courts and asked if I could speak to anyone weeks ago, they said I just had to show up on my court date.

br0kenrabbit

 

[QUOTE="dude_brahmski"]

Yeah, go with the lawyer thing.

BeardMaster

 

layers are obviously best, but damn expensive.

 

Try to handle it on your own, ask for a continuance in order to get legal representation if it doesnt get dismissed outright, imo.

 

 

and here is me again, suggesting not to get a lawyer before the hearing. like i said, you dun reed 2 gud

 

but seriously OT, whats the point of me being here if people dont utilize the vast knowledge and expertise of the beardmaster :P

 

Just bustin yur balls, but I would have specified in more detail what to do had you asked. Better than listening to the canned "get a lawyer" responses.

 

EDIT: i guess i thought the fact that these things would take place on your court date date was implied. But oh well, you had the charges dropped so no harm no fould. Just let it be a lesson to everyone here, i am always right and everyone should do everything i say, always.

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WhiteKnight77

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#144 WhiteKnight77
Member since 2003 • 12605 Posts

Did the judge drop the charges or did the prosecutor?

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LJS9502_basic

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#145 LJS9502_basic
Member since 2003 • 180239 Posts

Did the judge drop the charges or did the prosecutor?

WhiteKnight77
DA does that.....and for anything minor....like this..it's ridiculous to hire an attorney.
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LOXO7

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#146 LOXO7
Member since 2008 • 5595 Posts
[QUOTE="WhiteKnight77"]

Did the judge drop the charges or did the prosecutor?

LJS9502_basic
DA does that.....and for anything minor....like this..it's ridiculous to hire an attorney.

Until after he is found guilty.
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br0kenrabbit

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#147 br0kenrabbit
Member since 2004 • 18126 Posts

Did the judge drop the charges or did the prosecutor?

WhiteKnight77

Dunno, the judge called my name, said I could go as the case was dismissed, and then asked if I was sure I didn't want a trial (his attempt at humor, I think). That was it.

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LJS9502_basic

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#148 LJS9502_basic
Member since 2003 • 180239 Posts
[QUOTE="LJS9502_basic"][QUOTE="WhiteKnight77"]

Did the judge drop the charges or did the prosecutor?

LOXO7
DA does that.....and for anything minor....like this..it's ridiculous to hire an attorney.

Until after he is found guilty.

You really don't get the court system apparently. If it was going to trial he'd have time to get an attorney.
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br0kenrabbit

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#149 br0kenrabbit
Member since 2004 • 18126 Posts

[QUOTE="WhiteKnight77"]

Did the judge drop the charges or did the prosecutor?

LJS9502_basic

DA does that.....and for anything minor....like this..it's ridiculous to hire an attorney.

I'm a businessman. I'm mostly retired now but every once in a while I put a bid or two in just to keep my name out there should I ever decide to return full-time. Once my parents pass (not wishing it upon them, but they aren't in the best of health) I might decide to get back into my career full-tilt. A charge of 'Criminal Trespassing' may make some think twice about letting me on their property to do my job.

 

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LOXO7

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#150 LOXO7
Member since 2008 • 5595 Posts

[QUOTE="WhiteKnight77"]

Did the judge drop the charges or did the prosecutor?

br0kenrabbit

Dunno, the judge called my name, said I could go as the case was dismissed, and then asked if I was sure I didn't want a trial (his attempt at humor, I think). That was it.

Make a list of financial difficulties this has caused you, like your time away from work, extra time at your therapist, and prescribed medication from your doctor for all of your headaches and sue the city for employing inept public servants that caused this upon you.