• 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.

Paintball incident

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

Status
Not open for further replies.
E

et1

Guest
What is the name of your state? Arizona

Well I'll start with this was a stupid mistake on my part. I will try to be fairly direct with my questions but I must explain the case some. I am 16 and with 2 other friends we decided to shoot another person with a paintball gun. We knew the other kid, who is 16 also, since we all had played football with him. As being the only stupid thing I have ever done in my life I was the person who actually fired the shots. The shots were fired from a van, to prevent serious injury I waited for his face to be turned away from me and I fired to shots into his back from about 15-20 feet away. The next day I figured we would all get together and have a good laugh since he had shot at us with paintball guns. Well instead I soon got to meet Phoenix Police Assaults detective. The first thing that was odd was that I was read my miranda right at the highschool even though the even took place off of campus and we were not going to or from school. Since I was a minor I obviously chose not to talk at that time since they were not arresting me at that time and they had not charged me with anything. Well about a week later we had an interview at my house with the detective. He was charging me with simple assault since I had fired the weapon. He said the charges may not be picked up by the court and that I would be elligible for the diversion program if I plead guilty. My major concern was if the charges would stay on my record even after I was 18. He said they would not, so to prevent being charged with even more severe charges in court I did not contact a lawyer, I simply pleaded guilty to go to the diversion program. Well the case was picked up and I went to the diversion programs court building on a scheduled date.Too my surprise once I was there they told me that this would not be wiped off my record, and would stay with me for the rest of my life. And obviously now I could not change my plea and go get a lawyer to consult. Well my punishment was simply a informative day class that I had to attend once since I had never been in trouble before and my GPA is 4.3, since then I have attended the class and the case is now closed. My question, is there really no way for me to seal this or to remove it from my record when I am 18? Also, does Phoenix Police deserve any blame for misinforming me affecting my decision of whether to get a lawyer? Unfortunately my main concerns with the record is that for most of my life I have based around joining the Marine Corps at 18, and while I have talked to a recruiter and he said as long as I honest that it will probably not affect my enlistment but he could not guarantee anything. Well I am sorry for taking up so much of your time, this is the dumbest thing I have every done.

Thanks everyone,
 


I AM ALWAYS LIABLE

Senior Member
et1 said:
What is the name of your state? Arizona

Well I'll start with this was a stupid mistake on my part. I will try to be fairly direct with my questions but I must explain the case some. I am 16 and with 2 other friends we decided to shoot another person with a paintball gun. We knew the other kid, who is 16 also, since we all had played football with him. As being the only stupid thing I have ever done in my life I was the person who actually fired the shots. The shots were fired from a van, to prevent serious injury I waited for his face to be turned away from me and I fired to shots into his back from about 15-20 feet away. The next day I figured we would all get together and have a good laugh since he had shot at us with paintball guns. Well instead I soon got to meet Phoenix Police Assaults detective. The first thing that was odd was that I was read my miranda right at the highschool even though the even took place off of campus and we were not going to or from school. Since I was a minor I obviously chose not to talk at that time since they were not arresting me at that time and they had not charged me with anything. Well about a week later we had an interview at my house with the detective. He was charging me with simple assault since I had fired the weapon. He said the charges may not be picked up by the court and that I would be elligible for the diversion program if I plead guilty. My major concern was if the charges would stay on my record even after I was 18. He said they would not, so to prevent being charged with even more severe charges in court I did not contact a lawyer, I simply pleaded guilty to go to the diversion program. Well the case was picked up and I went to the diversion programs court building on a scheduled date.Too my surprise once I was there they told me that this would not be wiped off my record, and would stay with me for the rest of my life. And obviously now I could not change my plea and go get a lawyer to consult. Well my punishment was simply a informative day class that I had to attend once since I had never been in trouble before and my GPA is 4.3, since then I have attended the class and the case is now closed. My question, is there really no way for me to seal this or to remove it from my record when I am 18? Also, does Phoenix Police deserve any blame for misinforming me affecting my decision of whether to get a lawyer? Unfortunately my main concerns with the record is that for most of my life I have based around joining the Marine Corps at 18, and while I have talked to a recruiter and he said as long as I honest that it will probably not affect my enlistment but he could not guarantee anything. Well I am sorry for taking up so much of your time, this is the dumbest thing I have every done.

Thanks everyone,


My response:

Well, you're right about that. Assault and Battery is a dumb "thing to do." However, it won't be the "dumbest" thing you'll ever do.
IAAL
 
Last edited by a moderator:

Shay-Pari'e

Senior Member
et1 said:
What is the name of your state? Arizona

Well I'll start with this was a stupid mistake on my part. I will try to be fairly direct with my questions but I must explain the case some. I am 16 and with 2 other friends we decided to shoot another person with a paintball gun. We knew the other kid, who is 16 also, since we all had played football with him. As being the only stupid thing I have ever done in my life I was the person who actually fired the shots. The shots were fired from a van, to prevent serious injury I waited for his face to be turned away from me and I fired to shots into his back from about 15-20 feet away. The next day I figured we would all get together and have a good laugh since he had shot at us with paintball guns. Well instead I soon got to meet Phoenix Police Assaults detective. The first thing that was odd was that I was read my miranda right at the highschool even though the even took place off of campus and we were not going to or from school. Since I was a minor I obviously chose not to talk at that time since they were not arresting me at that time and they had not charged me with anything. Well about a week later we had an interview at my house with the detective. He was charging me with simple assault since I had fired the weapon. He said the charges may not be picked up by the court and that I would be elligible for the diversion program if I plead guilty. My major concern was if the charges would stay on my record even after I was 18. He said they would not, so to prevent being charged with even more severe charges in court I did not contact a lawyer, I simply pleaded guilty to go to the diversion program. Well the case was picked up and I went to the diversion programs court building on a scheduled date.Too my surprise once I was there they told me that this would not be wiped off my record, and would stay with me for the rest of my life. And obviously now I could not change my plea and go get a lawyer to consult. Well my punishment was simply a informative day class that I had to attend once since I had never been in trouble before and my GPA is 4.3, since then I have attended the class and the case is now closed. My question, is there really no way for me to seal this or to remove it from my record when I am 18? Also, does Phoenix Police deserve any blame for misinforming me affecting my decision of whether to get a lawyer? Unfortunately my main concerns with the record is that for most of my life I have based around joining the Marine Corps at 18, and while I have talked to a recruiter and he said as long as I honest that it will probably not affect my enlistment but he could not guarantee anything. Well I am sorry for taking up so much of your time, this is the dumbest thing I have every done.

Thanks everyone,
Stupid move on your part, but who ever told you this will stay on your record is insane.

Have your parents look into this, as dealing with the legal system is not easy.

I do not condone what you did, keep up the good grades and get rid of the paintball gun, ....We live is serious times these days.
 
E

et1

Guest
Thank you for all of your quick responses, do you have anymore advice on where I should start to look into Arizona laws? Thanks, you will have made my day if it truly will not stay on my record.

Thank you,
 
Last edited by a moderator:

JETX

Senior Member
Et1:
First, I commend you on your recognizing that this was indeed a stupid thing to do.... and add to that someone really could have gotten hurt by your actions. We all make mistakes.... the real fault lies if you don't learn from them.

Second, when you go to enlist (and the Marines ARE by far the best), simply advise the recruiter of this incident. I would be extremely surprised if it affects anything.

Third, depending on the charges (your post isn't clear), but if they were filed in Juvenile court (likely) then they will be sealed on your reaching the age of 18.

Finally, your decision about joining the Marines is one of the best you can make. Best of luck to you.... become one of the few, the proud!! Semper Fi!!
 

I AM ALWAYS LIABLE

Senior Member
My further response:

Don't get me wrong. I have respect for those soldiers that are called to war. They had no choice.

Each Memorial day, since 1979, I have visited, and placed flowers on, the grave of one such boy who was involuntarily called to war. I didn't know him. But, he was a local boy who, at age 18, was called to Viet Nam in 1972.

In my research about him, I found out he was fresh out of high school. Had a high school sweetheart, and a family who loved him. About 4 or 5 months later, he was shipped out to Viet Nam in 1972.

Two days after his arrival, he was killed by enemy fire. Two days!!

He didn't have a chance. He didn't have a chance at life.

That's the soldier I say a prayer for, and the soldier I shed a tear for, each and every year since 1979.

IAAL

P.S. I don't need a lesson.
 
Last edited:
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

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