Out on bond in Kansas on DUI charge .. Now out on bond in Florida - NEED HELP

[fredmaxwell]

I did not know that I was not supposed to leave the county I was in when I was "out on bond" ... And so I have been in Florida and had booked a flight back in time for my trial ... two days ago I got picked up for "non violent verbal assault on an officer" and "tresspass" ... Apparently I got a little rowdy at the pool and talked some smack to the officer

1. Out on bond in Kansas since April 20th - have been to pre trial and all of that (3 appearances to date)
2. Came to Florida, had a flight back for September 9th to be at my Kansas trial date of September 13
3. Now I was incarcerated here in florida the last two days and missed my flight and I'm out on bond here in Florida

PS: I am not sure if the florida bondswoman knows about the Kansas case- I think she does- and she seems to be okay with me going to Kansas..

What should I do? Fly back and plead guilty in Kansas and do what is probably 5 days, then come back and answer to this one?

Or what?


I am sorry for being such an idiot - I have had a horrible year - I have not had any trouble in YEARS till april
I just want to make Florida AND Kansas pleased without running out on either of them but cannot be two places at once

Thanks!!

 

[LordofBooks]

Sounds like you're in a really sticky situation there. Ideally, if you can show you to both hearings, then you should do so. However, if you can't, both jurisdictions allow you to have an attorney appear on your behalf for both the charges you described. If you can afford an attorney for both places. You can try paying for one in one of the states and have him or her plead on your behalf and explain your current predicament while you stay in the other state and plead on your own.

Either way, you'll want to talk to a lawyer though, as pleading guilty may not be the best way to put the matter behind you. A deferred sentence or some sort of better plea bargain may be better for you. Good luck.

 

[fredmaxwell]

Sounds like you're in a really sticky situation there. Ideally, if you can show you to both hearings, then you should do so. However, if you can't, both jurisdictions allow you to have an attorney appear on your behalf for both the charges you described. If you can afford an attorney for both places. You can try paying for one in one of the states and have him or her plead on your behalf and explain your current predicament while you stay in the other state and plead on your own.

Either way, you'll want to talk to a lawyer though, as pleading guilty may not be the best way to put the matter behind you. A deferred sentence or some sort of better plea bargain may be better for you. Good luck.

Thank you.. I have public defenders . .

Does this make sense?


1. Get Florida date set (calling bonding co tomorrow for that)
2. Go and make Kansas date
3. Get back to Florida in time for Florida date

Every one is happy ???

 

[OHRoadwarrior]

Amazing how you can afford bond, partying and airline tickets, but need public defenders. You better hope they don't review the finance answers you gave, or you might be visiting both states much longer.

 

[fredmaxwell]

Amazing how you can afford bond, partying and airline tickets, but need public defenders. You better hope they don't review the finance answers you gave, or you might be visiting both states much longer.

My tickets cost $100+- and I didn't pay for them ... I do not party. I am not hiding anything- I disclosed my financials accurately!!

 

[HighwayMan]

Every one is happy ???

Ask your attorneys, that's what you don't pay them for.

 

[davew128]

Is anyone else the least bit concerned that apparently exercising first amendment rights is a crime? Non violent verbal assault on an officer? If you're not threatening the officer then how or why is "verbal assault" a crime anywhere in the US?

 

[HighwayMan]

Is anyone else the least bit concerned that apparently exercising first amendment rights is a crime? Non violent verbal assault on an officer? If you're not threatening the officer then how or why is "verbal assault" a crime anywhere in the US?

We don't even know what statute the OP is charged with, so it's kind of hard to comment on his rights. He may simply be charged with disorderly conduct.

 

[fredmaxwell]

On classification paper work it says

ASSAULT ON LEO WITHOUT VIOLENCE DISORDERLY INTOXICATION TRESPASS UNOCCUPIED STRUCTURE

The Sheriff's office paper work says

1. "Mr. made a verbal threat to cause harm to my person and had the ability to carry out that threat. This is in violation of F.S.S. 784.(2)(A), Assault on a Law Enforcement officer."

(I am all of 5'4 and 130lbs and have arms the size of carrots.. I don't know who I was going to hurt)

2. "Mr refused to comply with my multiple commands during this incident. It should be noted that I was wearing my agency issued uniform and Mr. knew I was a law enforcement officer at this time. This is in violation of 843.02, Resisting without violence."
(True)

3. "Mr. refused to leave the pool area after being told to do so multiple times by Ms. This is in violation of 810.08(2)(a), Tresspass other than structure."
(True)

4. "Mr was intoxicated and causing multiple disturbances at. Mr was also endangering the safety of himself and others. This is in violation of 856.011(1), Disorderly intoxication"
(This is true- I was harassing people at the pool, and almost fell into the road in front of an automobile. I also went to confront this guy that I think my woman is getting drugs from ---- who in the HELL sells to a mother?!)



My name is in quotes in all of this because I was booked in as a John Doe (I had given my correct name)

The officer who arrested me really had it in for me.. and I can't blame him - but him and his friend at the station house were telling me they were going to put me in with some people who were going to rape me and one of them even said "there will be penetration"

Sure I was an annoying ridiculous trouble maker that day- and I am ashamed of being too stupid to live- but can they really say that kind of thing to someone? That is unprofessional, at best. I supposedly said I would "kick his ass" if he didn't give my phone back. Yet they want to make a felony/assault of that while just letting them say that kind of thing to me?

I was scared completely to death the whole time I was in there. And I was booked as John Doe. And they're trying to make a felony of one of these charges, not sure which

Jesus I'm sorry for what I did but for the love of God they want to hang me!!

Is that okay???

 

[HighwayMan]

(I am all of 5'4 and 130lbs and have arms the size of carrots.. I don't know who I was going to hurt)

That is completely irrelevant. The size of a person does not indicate how strong or dangerous they may be.

 

[fredmaxwell]

That is completely irrelevant. The size of a person does not indicate how strong or dangerous they may be.

Agreed. Point made. Do I deserve a felony?

 

[davew128]

http://www.flsenate.gov/Laws/Statutes/2012/784.021
784.021 Aggravated assault.—
(1) An “aggravated assault” is an assault:
(a) With a deadly weapon without intent to kill; or

(b) With an intent to commit a felony.

(2) Whoever commits an aggravated assault shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Seems to me that the charge itself requires that you have had a deadly weapon. Did you? Or anything that could conceivably be considered one?

 

[OHRoadwarrior]

You better show up for court looking like Pee Wee Herman.



784.011 Assault.—
(1) An “assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.
(2) Whoever commits an assault shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

784.021 Aggravated assault.—
(1) An “aggravated assault” is an assault:
(a) With a deadly weapon without intent to kill; or
(b) With an intent to commit a felony.
(2) Whoever commits an aggravated assault shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

784.07 (partial)

(2) Whenever any person is charged with knowingly committing an assault or battery upon a law enforcement officer, a firefighter, an emergency medical care provider, a traffic accident investigation officer as described in s. 316.640, a nonsworn law enforcement agency employee who is certified as an agency inspector, a blood alcohol analyst, or a breath test operator while such employee is in uniform and engaged in processing, testing, evaluating, analyzing, or transporting a person who is detained or under arrest for DUI, a law enforcement explorer, a traffic infraction enforcement officer as described in s. 316.640, a parking enforcement specialist as defined in s. 316.640, a person licensed as a security officer as defined in s. 493.6101 and wearing a uniform that bears at least one patch or emblem that is visible at all times that clearly identifies the employing agency and that clearly identifies the person as a licensed security officer, or a security officer employed by the board of trustees of a community college, while the officer, firefighter, emergency medical care provider, traffic accident investigation officer, traffic infraction enforcement officer, inspector, analyst, operator, law enforcement explorer, parking enforcement specialist, public transit employee or agent, or security officer is engaged in the lawful performance of his or her duties, the offense for which the person is charged shall be reclassified as follows:
(a) In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the first degree.
(b) In the case of battery, from a misdemeanor of the first degree to a felony of the third degree.

 

[fredmaxwell]

Pee wee herman is larger than I am and more powerful body wise
I had absolutely nothing weapon like

 

[davew128]

Pee wee herman is larger than I am and more powerful body wise
I had absolutely nothing weapon like

Then you would be well served to have your lawyer cross examine the officer as to what he believed constituted the threat to him by means of a weapon.