Unfair Battery Charge and now my job is at risk - Idaho

[Juish]

What is the name of your state (only U.S. law)? Idaho

Hi,

My name is Steve and I have a serious problem and any advice will be soo greatly appreciated. I will try hard to keep this short. I am a single dad, the ex-wife has not seen her daughter in 3 years. I went to a bar the other night(rare occasion btw) and my ex-wife showed up. Nothing much happened, other than me getting kicked out of the bar because of the possibility of a problem occurring(she is friends with the bouncers so that's how they knew who I was). Long story short, we got into an argument because they would not let me go tell my friend I am kicked out(who is my ride) and they were being rude about it trying to antagonize me. The bouncer even at one point made a sexual reference about my wife and stood up to me. I was upset at his remark and at the fact that his cowboy hat was right in my face so my natural reflexes was to flick the tip of his hat and ask him why he is in my face. Next thing I know, I am on the ground in handcuffs getting my face twisted and turned into the pavement(by face was pretty bloody afterwards) and the then choked to the point of almost blacking out. I was not resisting, I kept yelling that they were hurting me and I will cooperate.

Anyways, a police officer arrived. Didn't let me tell him my side of the story, just told me to save it for the courts and took me to jail. He didn't even read my rights or fill out the ticket completely. I have a battery charge, and I run my own department at HP. I work with all the big admins and execs, and someone saw my mugshot. My boss said he can't have me work this position with this charge and is trying to buy me some time to get this fixed.

I know I messed up and should have just left, but my intentions were not to get into a fight. I was in to way violent or aggressive and am not by any means a criminal. I feel violated. Do you think I will be alright? Any advice?

Thank you for your time,
Josh

 

[Zigner]

What is the name of your state (only U.S. law)? Idaho

Hi,

My name is Josh and I have a serious problem and any advice will be soo greatly appreciated. I will try hard to keep this short. I am a single dad, the ex-wife has not seen her daughter in 3 years. I went to a bar the other night(rare occasion btw) and my ex-wife showed up. Nothing much happened, other than me getting kicked out of the bar because of the possibility of a problem occurring(she is friends with the bouncers so that's how they knew who I was). Long story short, we got into an argument because they would not let me go tell my friend I am kicked out(who is my ride) and they were being rude about it trying to antagonize me. The bouncer even at one point made a sexual reference about my wife and stood up to me. I was upset at his remark and at the fact that his cowboy hat was right in my face so my natural reflexes was to flick the tip of his hat and ask him why he is in my face. Next thing I know, I am on the ground in handcuffs getting my face twisted and turned into the pavement(by face was pretty bloody afterwards) and the then choked to the point of almost blacking out. I was not resisting, I kept yelling that they were hurting me and I will cooperate.

Anyways, a police officer arrived. Didn't let me tell him my side of the story, just told me to save it for the courts and took me to jail. He didn't even read my rights or fill out the ticket completely. I have a battery charge, and I run my own department at HP. I work with all the big admins and execs, and someone saw my mugshot. My boss said he can't have me work this position with this charge and is trying to buy me some time to get this fixed.

I know I messed up and should have just left, but my intentions were not to get into a fight. I was in to way violent or aggressive and am not by any means a criminal. I feel violated. Do you think I will be alright? Any advice?

Thank you for your time,
Josh

Do you think I will be alright? There is no way we could give you an answer on that.

Any advice? Get an attorney.


I am curious - why couldn't you simply call or text your friend instead of trying to force your way back in after you had been ejected?

 

[quincy]

What is the name of your state (only U.S. law)? Idaho

Do you think I will be alright? Any advice?

There is no way anyone here can tell you if you will be all right. My advice is for you to seek out an attorney's assistance. If you hope to have the assault charge reduced or dismissed, an attorney who can work with you will be your best chance of having this hope realized.

Good luck.

 

[FlyingRon]

Cases are not tried on the street corner. The officer is under no obligation to let you explain your side.
Being "read your rights" only applies to if they wish to question you after you are arrested. Apparently they had no inclination to do this.
By your own admission you are guilty of battery.
It doesn't matter what the bouncer says about you or your wife, or what you perceive your right is, you don't get to touch him.


Shut up and lawyer up.

 

[Juish]

"I am curious - why couldn't you simply call or text your friend instead of trying to force your way back in after you had been ejected?"

I felt like I was being antagonized and for some reason couldn't just walk away. Trust me, I asked myself the same thing later on.

 

[Juish]

Cases are not tried on the street corner. The officer is under no obligation to let you explain your side.
Being "read your rights" only applies to if they wish to question you after you are arrested. Apparently they had no inclination to do this.
By your own admission you are guilty of battery.
It doesn't matter what the bouncer says about you or your wife, or what you perceive your right is, you don't get to touch him.


Shut up and lawyer up.

I found this quite helpful, but was that last part necessary? lol

 

[CdwJava]

"I am curious - why couldn't you simply call or text your friend instead of trying to force your way back in after you had been ejected?"

I felt like I was being antagonized and for some reason couldn't just walk away. Trust me, I asked myself the same thing later on.

He pushed your buttons and you responded ... unlawfully, apparently.

You may get lucky and your attorney might be able to have the charges dropped to a lesser offense, or entered into diversion. You should consider consulting an attorney ASAP if you hope to get around this sooner rather than later.

 

[Zigner]

I found this quite helpful, but was that last part necessary? lol

Out of everything, the last part was the BEST part of the advice!

 

[FlyingRon]

I found this quite helpful, but was that last part necessary? lol

The last part is the best piece of advice you were told.

Do not talk further about your crime to anybody other than your lawyer.
Get a lawyer.

All the rest is just correcting your misconceptions on what lawful behavior is.

 

[Juish]

Ok, I have one last question. From my understanding, the matter is now in the states hands. So trying to apologize is probably not a good idea. Since the charge is now in the states hands and I did not punch him like he said, it is definately not worth his time going to court. Does he have to appear in court for me to get this charge?

Also I know this is a question for my attorney, but I can't help to wonder. Should I try to avoid bringing up the hat issue? Would a public defender be sufficient or am I better off putting some money into a more experienced lawyer?

 

[Zigner]

Ok, I have one last question. From my understanding, the matter is now in the states hands. So trying to apologize is probably not a good idea. Since the charge is now in the states hands and I did not punch him like he said, it is definately not worth his time going to court. Does he have to appear in court for me to get this charge?

Also I know this is a question for my attorney, but I can't help to wonder. Should I try to avoid bringing up the hat issue? Would a public defender be sufficient or am I better off putting some money into a more experienced lawyer?

To put a slightly different perspective on it.

You took a swing at the bouncer but he was quicker. He avoided your punch except you made contact with his hat. You punched him.

Follow the advice given: Shut up and lawyer up (in that order)

 

[quincy]

Ok, I have one last question. From my understanding, the matter is now in the states hands. So trying to apologize is probably not a good idea. Since the charge is now in the states hands and I did not punch him like he said, it is definately not worth his time going to court. Does he have to appear in court for me to get this charge?

Also I know this is a question for my attorney, but I can't help to wonder. Should I try to avoid bringing up the hat issue? Would a public defender be sufficient or am I better off putting some money into a more experienced lawyer?

Public defenders often have large case loads and little time to devote to any one case. Despite the fact that many if not most public defenders are good lawyers with a lot of experience, the constraints on them make hiring your own attorney to handle your case the premium option.

Of course you will want to mention the "hat issue" to your attorney. Do not mention it to anyone else, however. It does not help you and can wind up hurting you.

Good luck.

 

[TheGeekess]

Ok, I have one last question. From my understanding, the matter is now in the states hands. So trying to apologize is probably not a good idea. Since the charge is now in the states hands and I did not punch him like he said, it is definately not worth his time going to court. Does he have to appear in court for me to get this charge?

Also I know this is a question for my attorney, but I can't help to wonder. Should I try to avoid bringing up the hat issue? Would a public defender be sufficient or am I better off putting some money into a more experienced lawyer?

If you can afford an attorney, you will not get a PD.

 

[Juish]

Just to defend myself on that, I have health issues where I know that would have been a big mistake. The guy was prob 300ibs and 6'2". I am 125ibs and 6'0. I have a heart issue. I avoid any sort of physical activity becasue I dont want another painful episode with my heart. Luckily my heart medication worked that day. I did not swing at him, and if you are convinced I did, how can I convince the judge? Thats why I am here, cuz I am worried that no one will beleive my story with is the truth.

And I am getting some good advice here. I will consider hiring my own lawyer if I can find a way to afford it.

 

[commentator]

Your mushy and self defending story is not good. This is why you need to get an attorney. Tell him/her exactly what happened. When you go to court, let the attorney speak for you. Any story that begins with "I am the single father/mother of ...." and ends with "I feel so violated," is not a good or honest story. The old "he shoved his face into my fist so I reflexively gestured toward him......" defense is blather, and everyone who hears it know it. Likewise the, "...because he would not allow me to go back inside and tell my friend" Just not a good story. Let the attorney you obtain immediately do the speaking for you.

In the meantime, at work, lie very low. Let the person over you who says he is trying to buy you some time know you have an attorney and are dealing with this, will keep him fully appraised of the situation. Do your work. Stop talking about it at all to co workers and others except your attorney. Stay away from your ex-wife. Stay away from bars.
Avoid alcohol which tends to modify our good judgment, no matter how non violent or unaggressive we think we are.