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LONG story and legal question

  • Thread starter Thread starter 25thmustang
  • Start date Start date Mar 22, 2008
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25thmustang

Mustang Master
Sep 5, 2003
2,021
85
99
Montgomery, NY
Mar 22, 2008
#1
  • Mar 22, 2008
  • #1
Alright guys I was wondering if anyone here might have an idea...

This past Thursday night (my birthday weekend) we head out to the local bar scene. Things going good, everyones nice and drunk, minus me. I was the DD, kept it to a few drinks stopped long before leaving and everything was great. Standing at a friends hot dog stand (not a damn cart and actual food place) my "friend" Bill takes off down the street saying he's going to another club (well everywhere was closed but we let him go do his thing). 5 minutes later we see him standing talking to a few girls and guys, us assuming he was hitting on the girls and the guys didn't like it. We decide to let him dig his own grave, as he Loves to be a dick and do this stuff.

About 10-15 mins later we decide to head to a diner and grab some more food, let my friends sober up some and hang out. We start up the road towards where we parked. About 100' up we see a group of people, pretty big group maybe 20-30 or so. In the group I saw what looked like 2-3 officers maybe. Sure enough in the group is my "friend" Bill mouthing off. I figured he was involved in a fight, I could go in and grab him, and get out of there. I started around the back of the group, walked by a few guys (kinda squeezing my way in to get to him) when to my right a uniformed officer grabs my throat and starts choking me. I am in NO way a trouble maker and deicded to just do as he says. I let him take me to the ground (lower back + curb = ouch). Right before I went down I saw another officer coming at me with a night stick. Luckily being cooperative the night stick was never used.

Roll me over, hand cuffed, and up against a cop car in all of about 2 minutes. During my altercation I see my friend being manhandled, shirt ripped off, thrown onto a cop car, and beat up real good. I will stop here and say he deserved ALL of that and MORE. I play the next 15-20 minutes as nice, and cooperative as possible. Yes sir, No sir, and do what they say when they say. I was actually thanked by two different officers for being nice and cooperating. I kept quiet and actually thought they were going to let me off with a warning and fine or something. Nope switch cuffs, different cop car, and off to jail.

Sitting in jail I am the type that listens to authority, always have always will. I sign what they want me to sign (this might bite me in the ass, I hope I never signed something pleading guilty) which was one time for my evidence, one time when I had my prints done, and twice to the Bail Bondsman. I get the one call, call the rents and tell them the $1000 bail, bring $100 to a bondsman. Later on when "Bill" makes his call I hear him say bring $75 to a bondsman...

he gets out about 45 minutes before me, and I'm on my way (not a fun ride home with the dad) around 4:00-4:30. Make sure my friend (drunk friend, dumb move to let the cop give him my keys, but I was arrested and didn't want them) did crash my Audi and then home. Sure enough I found out they charged ME for his Disorderly and Interfering, and he got my interfering.

I called sent him a text this afternoon letting him know that, and since we both have court Wed morning, I fully expect him to man up and take his charges. He turned into a little bi*** and didn't sound like he was going to. I more or less told him I'm throwing him under a bus if I have to, I will not have a record with that on it because of him being a drunk loser. I also told him not to come around our group of friends as he is really not wanted.

Before all this happened he had a history recently of being a total tool. getting dropped off at home after another friend was the DD, getting into his car (after my friend basically tucked him into bed) crashing into his own house, and then getting pulled over (all he told one friend that happened that night). Sure enough at the police station I find out he is on probation, and it explains why he always needs a ride, and his truck is always being "fixed".

SOOO heres the question. If I go wednesday I plan to throw him under a bus if I have to. My lawyer might not be able to do it until later in the week, meaning the judge (or whoever we appear before) might not have the opportunity to see us both, and see how he is all bruised, and cut up. What can I do if I have to go on a different day? Do I just take what I got and hope my lawyer can get these dropped or lessened, or do I tell the judge that I feel my friend was the one who was supposed to get the Disorderly? I have NEVER been in trouble before (3.3 GPA graduating a good school for engineering, never a ticket, never any points, never had a run in with anyone) which will help, but I feel like I get the **** end of the stick for my POS friend.

Alright rant off, feel free to post your opinion!

Sincerely, ex con 25th.

 

85_SS_302_Coupe

it sucks (I know) to be on the receiving end
15 Year Member
Nov 11, 2003
6,945
1,598
223
Northern KY
Mar 22, 2008
#2
  • Mar 22, 2008
  • #2
So you basically just entered a group of people and got choke slammed for no reason? I'd say that's grounds for some kind of lawsuit.
 

BLOWN 5.0 FOX

Member
Apr 4, 2005
213
0
16
NORTH SHORE MA
Mar 22, 2008
#3
  • Mar 22, 2008
  • #3
this is one of the times when you tell the whole truth and see what happens. Finger pointing only makes you look like your trying to find a scapegoat. My advice is to establish the fact you were the DD and your friend drifted off and you were simply trying to get him home. The law looks up to DD's since they are few and far between nowadays. As far as throwing someone under the bus, you have to be careful not to burn your bridges aka create a burden/tension between you and him. Honestly, I dont think its worth it for a misdemeanor.
 

skunk21

Active Member
May 22, 2007
1,203
3
36
Taxachusetts
Mar 22, 2008
#4
  • Mar 22, 2008
  • #4
It's a light charge, not a felony or anything, so it doesn't make you a criminal. you have no record so your lawer I'm sure will talk with DA and you will get a slap on the wrist or maybe a fine. Let you lawer if needed argue the confusion of the charges due to the large crowd and circumstances. If your friend doesn't man up deal with that later. If you where facing time or serious charges I would be thinking something else but these are very minor, but I would hope your friend would man up and give a statement to your lawer on your behalf. i wish you luck, but it will work out.
 

Flavadave4

Active Member
Nov 28, 2003
1,044
21
49
Utica, NY
Mar 22, 2008
#5
  • Mar 22, 2008
  • #5
BLOWN 5.0 FOX said:
this is one of the times when you tell the whole truth and see what happens. Finger pointing only makes you look like your trying to find a scapegoat. My advice is to establish the fact you were the DD and your friend drifted off and you were simply trying to get him home. The law looks up to DD's since they are few and far between nowadays. As far as throwing someone under the bus, you have to be careful not to burn your bridges aka create a burden/tension between you and him. Honestly, I dont think its worth it for a misdemeanor.
Click to expand...

I think that would be my approach, with a clean record and the whole story you would think the judge would see that you weren't causing trouble.

Sorry to hear about all this, no less on your birthday weekend
 
I

impulse001

New Member
Jan 16, 2008
84
0
0
New Jersey
Mar 22, 2008
#6
  • Mar 22, 2008
  • #6
I agree, mention all that good student, never in trouble kinda stuff and just tell the truth, its really all you can do.

But.. Why did you get that treatment by the police?
 

Mr. Rustypwnz

Advanced Member
Jun 1, 2005
1,761
63
69
indianapolis/ valdosta ga
Mar 22, 2008
#7
  • Mar 22, 2008
  • #7
so get you ducks in a row, and when court comes, dress nicely, and fire away..... lol
 

BK_CAULEY

it's built for speed not longevity, woman
Dec 26, 2006
0
10
49
Thomasville, ga
Mar 22, 2008
#8
  • Mar 22, 2008
  • #8
HAHA you got friggin OWNED


cliff notes:

1.)he got choked out, say's he "let" a cop slam him onto a curb

2.) cried and went to jail.

 

grey5.0beast

Cookies should never be DUNKED!!!
Aug 3, 2004
0
1
0
atl ga
Mar 22, 2008
#9
  • Mar 22, 2008
  • #9


and admitted he still lived with the rents

J/k man, that sucks, hopefully it'll work out
 

rpm182000

New Member
Jan 2, 2007
49
0
0
Valdosta, Ga.
Mar 22, 2008
#10
  • Mar 22, 2008
  • #10
grey5.0beast said:


and admitted he still lived with the rents
Click to expand...

View attachment 325546
 

BK_CAULEY

it's built for speed not longevity, woman
Dec 26, 2006
0
10
49
Thomasville, ga
Mar 22, 2008
#11
  • Mar 22, 2008
  • #11
 

5.0Droptop

...all those nights we shared, and you're a dude??
Special Agent Mukity-Muck Whats in Charge Round Here
May 15, 2002
1,785
1,130
233
Indiana
Mar 22, 2008
#12
  • Mar 22, 2008
  • #12
honesty is best policy. Explain it all. The cops who were there could only assume you were going after the loudmouth friend to kick his arse so they dropped you.

The cops will likely be at the hearing and will remember whos who.
 

BLOWN 5.0 FOX

Member
Apr 4, 2005
213
0
16
NORTH SHORE MA
Mar 22, 2008
#13
  • Mar 22, 2008
  • #13
to be the devils advocate....the cops only saw a mob full of people and most likely treated everyone equally, and if he was shuffling his way through the crowd they might have singled him out and considered him potentially violent ....or at least that will be their story.
 
B

bentley429

Banned
Nov 25, 2004
528
3
0
Connecticut
Mar 22, 2008
#14
  • Mar 22, 2008
  • #14
BLOWN 5.0 FOX said:
to be the devils advocate....the cops only saw a mob full of people and most likely treated everyone equally, and if he was shuffling his way through the crowd they might have singled him out and considered him potentially violent ....or at least that will be their story.
Click to expand...

Which would not in any way make it ok for what they did. Honestly I would try and sue, there is no reason for a cop to be a dick like that. Sounds like at least 30 people or so even saw it happen so I would say your all set. The cop should end up missing a good chunk of change and be doing desk duty for a LONG time. I hate cops.
 

BLOWN 5.0 FOX

Member
Apr 4, 2005
213
0
16
NORTH SHORE MA
Mar 22, 2008
#15
  • Mar 22, 2008
  • #15
in the case of he said she said, the police usually win that battle in court.
 

25thmustang

Mustang Master
Sep 5, 2003
2,021
85
99
Montgomery, NY
Mar 23, 2008
#16
  • Mar 23, 2008
  • #16
BLOWN 5.0 FOX said:
to be the devils advocate....the cops only saw a mob full of people and most likely treated everyone equally, and if he was shuffling his way through the crowd they might have singled him out and considered him potentially violent ....or at least that will be their story.
Click to expand...

To be honest I don't really care how the cops treated me. Other than a few bumps and bruises I'm fine. I actually said the same thing, they didn't know me from anyone, and to me it looked like a fight between regular people, to them it was probably an altercation and an arrest. So no worries with that, I just don't want to be affected by the false charges that weren't mine.

BK, and grey5.0beats...

Yeah you got me there. I got "owned" because when a cop comes after YOU I'm sure you "tough guys" would have dropped his ass and then pissed on his children right? Thanks for the input, your really a value to this post.
 
M

MaxTheHooker

New Member
Jan 15, 2008
36
1
0
Mar 23, 2008
#17
  • Mar 23, 2008
  • #17
uhh, i didn't read all the posts but will go ahead and declare that a good majority of you are living in a dream world where citizens are afforded equal rights as police officers.

first and foremost, cops are ALWAYS given the benefit of the doubt in situations like this, so you must have EVIDENCE stating that the police report written by the cops is false, which you don't...

basically, everyone's telling you to sit there and front of the judge and tell him that the cops were wrong. i'd love to see how that plays out.

basically, i'd hope your friend isn't a ****ing scumbag... looks like you might have to eat it though. :/ ruck up, buddy - it's not too bad. i had a drunk and disorderly on my record by the time i was 16. and just look at me noww.......
 

skunk21

Active Member
May 22, 2007
1,203
3
36
Taxachusetts
Mar 23, 2008
#18
  • Mar 23, 2008
  • #18
[/quote]BK, and grey5.0beats...

Yeah you got me there. I got "owned" because when a cop comes after YOU I'm sure you "tough guys" would have dropped his ass and then pissed on his children right? Thanks for the input, your really a value to this post. [/QUOTE]

and the added A/B charge on a police officer, the nice additional treatment you would get back at the station + everytime you get pulled over and they do a prior's check they see a nice big fat past A/B on a cop, yeah that is worth it. you did the right thing, I would have let them dry hump me in street before I touched a leo, I always have my day in court. they would have been sucking thier thumbs, don't let them bull***** you, if they where in same situation.
 

ninety15.0

New Member
Mar 10, 2004
1,336
0
0
Mar 23, 2008
#19
  • Mar 23, 2008
  • #19
That sucks man. I agree with those that said you should only tell the truth. Finger pointed should be held as a last resort. I dont think you did anything wrong...except for getting into some business that wasnt yours. You did the right things once the cops confronted you...so they should have no reason to hold too much against you. The cops did not give you any sort of field sobriety test or breathalyzer did they? So they have no evidence you were intoxicated. So your "disorderly" could be easily explained away in a group of drunk kids. You were one of the sober ones only trying to help. Let them know you are a good kid. That goes a long way.

Long story short...i think if you give the judge a clean professional explaination you'll be fine. good luck man.
 

BK_CAULEY

it's built for speed not longevity, woman
Dec 26, 2006
0
10
49
Thomasville, ga
Mar 23, 2008
#20
  • Mar 23, 2008
  • #20
i never said i would fight back. i just thought is was funny you got choked slammed.

i would have never put myself in that position to begin with. should have stayed out of it.
 
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