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DAP Forums > DREAM Act > The Lounge

Need Help: Got Arrested - Page 8

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#71
04-26-2011, 03:55 PM
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Quote:
Originally Posted by lilbawler2001 View Post
I still don't get why and how your parents don't seem give a damn about the situation you are in. How come your sister still hasn't dropped the case? Also, when you go to court bring up all the nasty things your sister has done to you in the past and during that fight. Fight fire with fire!! Your mom was a witness to that fight right? Let her come testify for you if possible. I don't even know why your mom didn't diffuse the situation when the police got there.

The story sounds kinda fishy to me, i smell bs.
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#72
04-26-2011, 08:01 PM
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Quote:
Originally Posted by alex1234 View Post
glad you got arrested.
'twas girl on girl action
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#73
04-26-2011, 09:34 PM
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Quote:
Originally Posted by Ali View Post
'twas girl on girl action

... still you should not hit people because they get on your nerves.
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#74
04-26-2011, 09:37 PM
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Quote:
Originally Posted by alex1234 View Post
... still you should not hit people because they get on your nerves.
To quote 'gwen'', calling the cops and pressing charges over tugging one's hair while being family is ''b-a-n-a-n-a-s''
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Last edited by Ali; 04-27-2011 at 04:18 PM..
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#75
04-27-2011, 03:14 AM
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Quote:
Originally Posted by starsNmoons View Post
they dont have any pictures. In fact she had no injury on her
So that means the laws side with the alleged victim, even when both accounts are hearsay.

Is your mom willing to testify for you?

I don't know if this is important enough to you, but you should ask your lawyer precisely why you have no hope in this case. How are the laws set up, what are the precedents, etc.
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#76
04-28-2011, 04:38 PM
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Quote:
Originally Posted by Invictus View Post
So that means the laws side with the alleged victim, even when both accounts are hearsay.

Is your mom willing to testify for you?

I don't know if this is important enough to you, but you should ask your lawyer precisely why you have no hope in this case. How are the laws set up, what are the precedents, etc.
Hi, Invictus. I went to court today (and turned 24), but before I tell you what happened. I did ask my lawyer why I couldn't plead not guilty. He said that in Virginia, assault is defined as an unwanted touch. So even if I did not pull her hair and just place my hand on her and she happened not to like me touching her, it would still be considered battery. So he told me it was best to plead no contest because since it was my first offense I would have to do a 12 week anger management class (honestly I think my sister needs it more than me) and then two years of probation in which I must complete the class and everything would be wiped off my record. He said he thinks it would be better than a trail because you never know what the arresting police would say, and what might be brought up if this were to go to trial. In other words my sentence might actually be worse in a trial.


So this morning when I walked in the court and we had our meeting, I told him I would plead "no contest" just because I didn't want my sentence to be unknown "if" had I chosen the "not guilty" plea. As we were sitting there the prosecutor called my sister's name, she rose up and then he proceeded to tell us that he thinks that families fight all the time and this is not something that should be even in court. He asked my sister if she would dismiss the case she answered with a swift yes. 15 minutes later we went into the court room, and he told the judge the same thing that siblings fight all the time, and this is not a serious matter by any means and should have never made it to court. The judge agreed and dismissed the case. Charges were dropped. We left the court room in less than 4 minutes.
Last edited by starsNmoons; 04-28-2011 at 04:51 PM..
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#77
04-28-2011, 04:40 PM
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Originally Posted by alex1234 View Post
The story sounds kinda fishy to me, i smell bs.
It's true. I live in the suburbs so the police are not as busy and matter are not as serious as they are in a place like New York where you live (if you are that alex)
Last edited by starsNmoons; 04-28-2011 at 04:42 PM..
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#78
04-28-2011, 04:44 PM
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Quote:
Originally Posted by lilbawler2001 View Post
I still don't get why and how your parents don't seem give a damn about the situation you are in. How come your sister still hasn't dropped the case? Also, when you go to court bring up all the nasty things your sister has done to you in the past and during that fight. Fight fire with fire!! Your mom was a witness to that fight right? Let her come testify for you if possible. I don't even know why your mom didn't diffuse the situation when the police got there.

oh about my sister dropping the case My dad and I both talked to my lawyer, and he said that VA dont drop cases for battery in family situations because of the whole husband and wife thing where the woman gets the case dropped and two months later something goes wrong or she is found dead.

And about the arrest in Fairfax county they have to arrest someone in a family fight.
Last edited by starsNmoons; 04-28-2011 at 04:50 PM..
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#79
04-28-2011, 04:54 PM
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Okay here is a story from this site on the same thing that I was charged with. Seems like Virginia is quite conservative in their justice department.

Quote:
Hello, I have some questions, but here is the story first.. Me and my boyfriend were arguing/fighting over past relationships and in the process of it all he was scratched and was poked in eye. He called the police simple to just have one of us removed for the evening, but when they showed up they saw the scratches and red, teary eye. The one police officer than told the other that I was the primary aggressor and took to the station. Mind you, my boyfriend kept telling the officer he didnt want me to go. They said it was out of their hands. We they took to the police station and I went before the magistrate, and he ended up just sending us home. Well the next day I got a call and it was a detective telling me I had to turn myself in b/c of the night before incident. I did just that, and went before a different magistrate where she sent me home on OR. Now I have a court date set for early July, and my question is what is my chance of going to jail for a class 1 misdemeanor VA crime code ASL-1315-M1 and code section 18.2-57.2 (never have done anything wrong in my life, no criminal record of any sort obviously) and I am a productive member of society (ie, go to college fulltime, work full time, take care of my children) My boyfriend didnt even want it to go this far, and he feel horrible now. He said if he had known they would take someone, he wouldnt have even called. Also, what do you think might happen when I go to court in early JUly? Thank any answers would be helpful.

Quote:
Okay, here is an update...we went to court in ealy July, and I have to do Anger management classes, while I do my anger management I will be on active probation, then once my classes are done it will become inactive for 2 years..07/2009. If I can "behave" myself until then in July 2009 the charge will be dismissed.
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#80
04-28-2011, 06:38 PM
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Quote:
Originally Posted by starsNmoons View Post
Hi, Invictus. I went to court today (and turned 24), but before I tell you what happened. I did ask my lawyer why I couldn't plead not guilty. He said that in Virginia, assault is defined as an unwanted touch. So even if I did not pull her hair and just place my hand on her and she happened not to like me touching her, it would still be considered battery. So he told me it was best to plead no contest because since it was my first offense I would have to do a 12 week anger management class (honestly I think my sister needs it more than me) and then two years of probation in which I must complete the class and everything would be wiped off my record. He said he thinks it would be better than a trail because you never know what the arresting police would say, and what might be brought up if this were to go to trial. In other words my sentence might actually be worse in a trial.


So this morning when I walked in the court and we had our meeting, I told him I would plead "no contest" just because I didn't want my sentence to be unknown "if" had I chosen the "not guilty" plea. As we were sitting there the prosecutor called my sister's name, she rose up and then he proceeded to tell us that he thinks that families fight all the time and this is not something that should be even in court. He asked my sister if she would dismiss the case she answered with a swift yes. 15 minutes later we went into the court room, and he told the judge the same thing that siblings fight all the time, and this is not a serious matter by any means and should have never made it to court. The judge agreed and dismissed the case. Charges were dropped. We left the court room in less than 4 minutes.
Happy birthday to ya, and congratulations on having charged dropped. That's really exciting to hear!

Woo!

I know it must have been a very stressful and difficult experience, but now that it's all in the past, I think it's something you can learn from, particularly regarding the legal process.

The information you provided was really useful. Glad you got out of that quickly and easily.
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I have not winced nor cried aloud.
Under the bludgeonings of chance
My head is bloody, but unbowed.
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