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| Trials & Sentencing Criminal trials, representation, appeals, pardons, parole, plea bargains, etc. |
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#1 |
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Junior Member
Last Online:
Mar 26th, 2008 12:15 AM Join Date: Mar 2008
Location: Florida
Posts: 3
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I have a court date next Thurs and was wondering if ,or hoping isomeone could give me an idea of what to expect. The charges were from 2 years ago. I was picked up about a month ago for FTP. I wasn't stopped for doing anything wrong the Police said they just ran a routine check on my plate and found an outstanding warrant. I honestly didn't even know I had missed a court appearance. I've lived in same County so it's not like I was purposely trying to evade the charges. Anyway I have the offical police report and I'd like to post it to get the best reply possible. I want to preface it by saying the main charge seems to be resist w/o violence. I've been sober since this arrest and have paperwork to prove it. If someone could give me an idea of what to expect i.e. fines, community service, maybe just lecture it would be greatly appreciated.
Here's what the official poilce report says..... I observed a white male,later identified as me laying next to the road. I approached him and had some difficulty waking him up. He eventually woke up and got to his feet. It was immediately apparent that he was intoxicated.He began waving his arms around and then walked out into the road. I ordered him to come back and sit down so I could assess if he needed any medical attention.He didn't comply so I grabbed him by his right arm to get him out of the road. I then led him to a large rock and told him to sit down. He initially complied but then got up and tried to walk away from me. I ordered him several times to stop and he refused. He continued trying to walk out into the road where there was vehicle traffic. I ran after him and had to physically grab his right arm and pull him back to a safe place. He again waved his aarms around and said why the **** do I have to listen and I just want to ****ing go home. He yelled this loud enough that two people in a nearby parking lot turned and looked in out direction. I questioned him about his name and address. He provided his name but would not tell me where he lived. I asked him several times but he only said that he wanted to ****ing go home. He finally admitted he was homelss and sleeping on the streets. He was arrested and charged with disorderly intoxication and resisting arrest without violence. |
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#2 |
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Top Level Member
Last Online:
Nov 16th, 2008 01:08 PM Join Date: Feb 2007
Posts: 723
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Make sure you get legal counsel (or at least the public defender) to try to help deal with this--jail time is probably avoidable if your record is clear now. But having that arrest and/or a conviction on your record could make job-hunting etc. more difficult. Often this could be negotiated down to some kind of court supervision or even be dismissed etc. If it eventually appears it cannot be negotiated down, or you need to discuss this in more detail with senior counsel to review options etc., please let us know...
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#3 |
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Junior Member
Last Online:
Mar 26th, 2008 12:15 AM Join Date: Mar 2008
Location: Florida
Posts: 3
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You really think I could get jail time for refusing to give me address?!?! I didn't even technically refuse. it was the first day I lived there and I hadn't memorised it yet. I know it's considered a misdemeanor with the possibility of $1000 fine and/or up to 1 year in jail but still. I honestly thought this would be an easy in and out,maybe a fine, probably a lecture over the same day type thing. I have contacted a few Lawyers locally and 1 actually told me he didn't think I'd need a Lawyer for this.
I have 1 prior misdemeanor for battery. From what I've been told that can't be used against me in this case tho. |
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#4 |
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Top Level Member
Last Online:
Sep 25th, 2008 02:24 PM Join Date: Mar 2007
Posts: 450
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Any event like this should be taken seriously, especially when the police were involved and claims are made that you resisted.
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#5 |
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Junior Member
Last Online:
Mar 26th, 2008 12:15 AM Join Date: Mar 2008
Location: Florida
Posts: 3
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Yeah no joke it should be taken seriously.That's why I'm so worried about it and why I've tried to get as much feedback as I can from as many people and places as I can.......including calling Lawyers But Jail? For not giving my address? That's all the resist was,that and trying to walk away because I apparently wanted to go home. There are child molesters and rapists walking the streets and I go to jail for not giving my address? And at a place I only lived for a day and hadn't memorised the address yet. If they try that can you say something's wrong with the system. I just a story the other night on the news about a guy who died from a stungun. He had been arrested 10 times since 2003 and he was walking the streets. Is that the place we've gotten to? They can't find, arrest, and convinct the real criminals so they take it out on people who like me? A guy who was depressed, went on 4th of July weekend, acted like a jerk and made bad decisions that night no doubt, but 99.9% of the time is a law abiding citizen. sorry I didn't mean to rant but the whole situation is very frustrating. Anyway thanks feedback.
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#6 |
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Top Level Member
Last Online:
Jul 11th, 2008 12:49 PM Join Date: Mar 2007
Posts: 694
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You will almost surely avoid any jail etc. but perhaps the main point is to take it seriously because it is within the discretion of the judge and you don't want this to go the wrong way.
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#7 |
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Junior Member
Last Online:
Jun 11th, 2008 09:05 AM Join Date: Jan 2008
Posts: 9
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In Florida, I had a charge of resisting arrest w/o violence in 2001. I plead not guilty. Had a jury trial & lost. Was sentenced to the maximum sentence of 1 year in jail. I did 10 months on the year sentence, lost my home to foreclosure while imprisoned. Won my appeal 8 months after getting out of jail, saying I should not have been arrested & was due back any fines or fees I paid! So you see it can be very serious. Im still trying to get the city to pay for my losses through my complaint Pro Se.
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#8 |
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Top Level Member
Last Online:
Nov 30th, 2008 01:12 PM Join Date: May 2007
Posts: 693
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Great input--thanks for that!
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#9 |
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Junior Member
Last Online:
Dec 2nd, 2008 05:02 PM Join Date: Oct 2008
Posts: 4
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Re: possible outcome for resist w/o violence
You think it is bad that you were arrested for not giving an address, my husband is currently facing a 1 year sentance for resisting w/o violence because he simply asked the officer who was arressting our minor son "Why are you arressting My son", he was tackled by 3 6 ft+ sherriffs (my husband is 5'8' 160lbs) immediately after asking why our son was being arressted, kicked in his head and back and then arressted and spent 10 hours in lockup. Florida has the most corrupt cops in the country and the funny thing, 80% of them will admit the force is corrupt to close friends and family. A friend of ours who was on the force and eventually promoted to Detective was eventually forced to resign because he was not corrupt. I am sorry I ever brought my family to Florida. And as for public defenders....PLEASE they suck just as bad.
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