What is the name of your state (only U.S. law)? Montana
Hi, I left the bar a few nights ago with four of my friends. We were walking down the side walk with the four of them walking in front of me and I ended up walking next to a guy that I have met before, but am only acquaintances with. For some unknown reason he decides to grab me and wrestle me to the ground. I put him a head lock and am just holding him there hoping he will quit and leave me alone. No punches are thrown by either party. The next thing I know I am being grabbed by a police officer and pulled off. I tell him that we are friends (a lie) and just wrestling, but he hand cuffs me and hauls me in. I am nothing but cooperative. The other party is also hand cuffed and hauled to the jail parking lot, but released without being charged. I ask why he is being released and I am not and the police officer says that he had his arms out when he walked up and wasn't fighting, so I am the guilty party. My friends say that he saw the police man coming and stuck his arms out at that point. I was processed and charged with disorderly conduct.
A few days later I talk to a friend of mine that graduated with the guy that grabbed me and he tells me that the guy just likes to wrestle people when he gets drunk. I guess I was just in the wrong place, at the wrong time.
I am not a fighter and have never started a fight in my life. I am not a violent person in the least. I have a completely clean record. I could have fifty people testify to my character.
I have the option of paying an $185 fine or going to court. Part of me wants to fight the charge, because I know I wasn't at fault. The other part of me is guessing that I have little chance of getting out of it and says I should just save the time and trouble and pay the fine.
If I go to court and am found guilty, I would be in the police blotter of the local news paper and some my family and friends will likely see it. I would like to avoid that.
Do I have any case to get the charge dismissed? Should I just pay the fine and be done with it? Thanks for any and all advice!
Hi, I left the bar a few nights ago with four of my friends. We were walking down the side walk with the four of them walking in front of me and I ended up walking next to a guy that I have met before, but am only acquaintances with. For some unknown reason he decides to grab me and wrestle me to the ground. I put him a head lock and am just holding him there hoping he will quit and leave me alone. No punches are thrown by either party. The next thing I know I am being grabbed by a police officer and pulled off. I tell him that we are friends (a lie) and just wrestling, but he hand cuffs me and hauls me in. I am nothing but cooperative. The other party is also hand cuffed and hauled to the jail parking lot, but released without being charged. I ask why he is being released and I am not and the police officer says that he had his arms out when he walked up and wasn't fighting, so I am the guilty party. My friends say that he saw the police man coming and stuck his arms out at that point. I was processed and charged with disorderly conduct.
A few days later I talk to a friend of mine that graduated with the guy that grabbed me and he tells me that the guy just likes to wrestle people when he gets drunk. I guess I was just in the wrong place, at the wrong time.
I am not a fighter and have never started a fight in my life. I am not a violent person in the least. I have a completely clean record. I could have fifty people testify to my character.
I have the option of paying an $185 fine or going to court. Part of me wants to fight the charge, because I know I wasn't at fault. The other part of me is guessing that I have little chance of getting out of it and says I should just save the time and trouble and pay the fine.
If I go to court and am found guilty, I would be in the police blotter of the local news paper and some my family and friends will likely see it. I would like to avoid that.
Do I have any case to get the charge dismissed? Should I just pay the fine and be done with it? Thanks for any and all advice!
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