• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Charged with Assualt with two other defendants

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Needhelpp

Junior Member
What is the name of your state? New York
I have recently been arrested with two of my other friends for assualting a female at a restaurant. All three of us are not guilty and decide to plead so. The female tripped on her way out of the ladies room and for some reason thought that it was my friend who tripped her. It was a very tight area and two of my friends were closest to the ladiesroom while I was the furthest away. When she hit my friend, I and my other fiend tried to pull her away and she hit us too and we all ended in a 30 second scuffle. The cops came, she started to drop on the floor and cried hysterically. She requested to go to the hospital and now she has a report that she has brusies and a cut lip.

I am 24 years old and do not want any criminal records on my name. I don't know if I should pleade guilty and take the light sentence of a violation and the attorney said that this will all be dismissed and sealed or I can keep fighting it. I'm afraid that I don't have any proof that I did not do anything wrong and if I keep fighting it and end up guilty anyway, I will have a criminal record then. Will I have to go to jail? What should I do?

Thank you for any help that anyone can suggest.
 


seniorjudge

Senior Member
Needhelpp said:
What is the name of your state? New York
I have recently been arrested with two of my other friends for assualting a female at a restaurant. All three of us are not guilty and decide to plead so. The female tripped on her way out of the ladies room and for some reason thought that it was my friend who tripped her. It was a very tight area and two of my friends were closest to the ladiesroom while I was the furthest away. When she hit my friend, I and my other fiend tried to pull her away and she hit us too and we all ended in a 30 second scuffle. The cops came, she started to drop on the floor and cried hysterically. She requested to go to the hospital and now she has a report that she has brusies and a cut lip.

I am 24 years old and do not want any criminal records on my name. I don't know if I should pleade guilty and take the light sentence of a violation and the attorney said that this will all be dismissed and sealed or I can keep fighting it. I'm afraid that I don't have any proof that I did not do anything wrong and if I keep fighting it and end up guilty anyway, I will have a criminal record then. Will I have to go to jail? What should I do?

Thank you for any help that anyone can suggest.

I can tell you this: the story you are telling is an ancient and overused one.



Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)”


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top