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legal question?


Guest busteryhyman

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Guest busteryhyman

Ok, i have a question for anyone who can answer it. a couple weeks ago, my roomate and i were in an argument and she slammed my hand in the door. WHen i jerked my hand free, she lost her balance and fell down 4 or 5 stairs, causing a bruise on her back and a few bumps. her mother is a bitch and has hated me forever, so she called the police to say i beat her up (not true, ash is actually the one who punched me in the shoulder) since i'm bigger than her and since her mom insisted i did something, they hauled me away for the evening on a domestic violcen charge. splendid.

 

anyways, i go back to court on wed. i was released without bond and now it's my pre-trial. ashleigh is going to go and say that i never touched her (no charges were ever pressed).....what do you think will happen.

 

if no charges were pressed and she's going to say i never did anything and ive NEVER been in trouble before, can they really do anything to me????

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God I'd hope not, but the law is a fucked up thing and I don't understand most of it. From what I've seen, if charges aren't pressed then they won't do anything, but I'm really not sure.
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Guest busteryhyman
yeah, i cant seem to find anyone who knows. it really sucks cuz i didnt do anything but since she had a bruise on her back where she fell (as oppossed to my swollen hand and bruise on my shoulder..grrr) they said the state can press charges or something of the sort. I dont want this shit on my record...especially since i'm going to take my civil service exam to be a police officer...GAH
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Originally posted by h23it:

God I'd hope not, but the law is a fucked up thing and I don't understand most of it. From what I've seen, if charges aren't pressed then they won't do anything, but I'm really not sure.

If she did not press charges the state or county can press them I believe.
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Guest busteryhyman
sure can. but i plead not guilty. i just wanna know what to expect and my public defender doesnt like to return calls. i've never had any legal trouble before so , needless to say, i'm freaking out because 1: first time and 2: i didnt do anything
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Guest busteryhyman
thanks for the opinion. i'm hoping. last thing i need is this when i didnt do antyhing. the cops were real assholes and they even attempted to tow my car when it was in MY apartment lot...oh well....i' spent a night in jail and i didnt do anything. my frist taste of the american judicial system.
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Originally posted by Turd Ferguson:

I dont want this shit on my record...especially since i'm going to take my civil service exam to be a police officer...GAH

I hate to tell you this, but more than likely this will show up on your background check. If they arrested you and charged you with dv regardless of a guilty or not-guilty verdict. You may want to plan on how you are going to explain yourself, to the Oral board, background investigator, etc. Remember "the truth shall set you free". Where are you trying to get hired on at?

 

good luck,

Tom

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Where and what dept. arrested you? Are you and your roommate just living together or are you boyfriend girlfriend? This makes a difference.

You said she did not press charges and you were not charged and let go without no bond sounds funny to me? If she goes to court and tells them there was no violence and that it was an accident then the charges should be dropped.

 

According to ORC 2919.25 Domestic Violence the victim must be a "Family or House hold memeber".

-A spouse , a person living as a spouse, or a former spouse of the offender.

-A parent or a child of the offender, or another person related by consanguinity (blood) or affinity to the offender.

If no children and not boyfriend ,girlfriend,or boyfriend,boyrfriend, or girlfriend, girlfriend and not married than it would be at best assault. However if the story you told at the top of the thread is accurate and you are not leaving anything out than I don't see why you went to jail in the first place.

You could file assault charges against her for shutting your hand in the door and for punching you. Thats your backup.

This will definitly show up on your background check and when they ask just tell them the truth and don't lie about anything.

Good luck, pm me if you have any questions about the law. I might be able to help you.

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Lawyer up, man.

It's worth WHATEVER a good lawyer will charge you to keep that shit as far away from your record as possible.

 

Also, I've seen more than one girl who I trusted change stories when there were parents and/or police involved. Hope you can trust her to say what you think she will.

 

What did she tell the cop that filled out the report?

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Originally posted by NurkVinny:

What did she tell the cop that filled out the report?

If she told the officers one thing and goes to court and changes her story, she could get charged with falsification of a police report. This tends to make people stick to their original story, even though this almost never happens.

 

 

 

 

 

 

By saying you were 'released without bond' you mean that you were released on an ROR Bond(Released on Own Recognizance) where you did not have to put up any money to get out, right?

 

 

Originally posted by Turd Ferguson:

(no charges were ever pressed).....

Unfortunately, charges were filed against you or you would not have been arrested. With Domestic Violence charges the State can pick them up and prosecute you if they wish.....even if your friend does not want them to. However, the likelyhood of this happening is extremely small.

 

Hopefully your friend is your friend and will go to court and explain what really happened. This being the first time you've been in trouble, and the fact that you also have injuries is definitely in your favor.

 

Just go into court, tell your side of the story and explain that it was an accident. I've been a Deputy Sheriff for over 8 years and have seen hundreds of Domestic Violence cases....I would not be suprised to see this case get dismissed. If the case does get dismissed then it will not be held against you during your civil service hiring process.

 

Of course, getting a good attorney is probably the best advice anyone can give you!

 

 

Good Luck smile.gif

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Let me make sure of what you are saying...

 

You get into an arguement she gets your smashes your hand in the door, you get your hand free at the same time you knock her off balance and she falls? Then her mother calls the Police because she thinks you are beating her?

 

If she testifies in your favor, ie: saying "He never hit me or anything like that." You could, in all fairness, sue her mother for slander. You now have a criminal record that has no justification and you had spent a night in jail, I don't think anybody would like that.

 

Thats some fucked up shit man, sorry to hear about it :(

 

Edit: Im not a lawyer in any sense of the word and I am not implying that you should sue her. It just made sense in my head when I read it. I would sue somebody for giving me a record unfairly.

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Guest busteryhyman

yeah, i go tomorrow. i GUESS she said one thing to the officers and they wrote down another. i heard her saying i didnt do anything but they wrote down that i grabbed her and pushed, which really didnt happen, cant really push someone when your hand is jammed in a basement door.

 

The officers were just straight up dicks to me. They were irritated that they got called when it was their quitting time.

 

wish me luck

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Guest Ssexychick97
well i think you will be fine cuz i'm filling out my paperwork for the police academy now and as long as you explain to the commander of the academy what happend i don't think it should be a problem, but if you have any charges for domestic violence or owe on child support then you're good. thats what i know as far as what the rules are here in dayton
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