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Breach of Peace (Please read)

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Screwed101

Guest
Well, I got arrested. Here's what happened:
Ok, so I saw a person I know from back in my home town (we were on the swim team together) and he called me some sh!t I definitely didn't like. So I punched him in the face right in front of a cop I didn't see. The cop pulled me over to the side of his car, and asked the kid if he wanted to press charges. The kid declined (I didn't hit him hard at all), so the cop let me go. I was walking down the street, and I wanted to talk to my other friend about it (my best friend). But he wanted to talk to his girlfriend about everything, so he declined. We got into a huge shouting match, and before I knew it the cops were back. They arrested me, calling it a "breach of peace", even though my friend declined it was anythign serious at all (just a shouting match between friends. No punches were exchanged) but they arrested me anyway. Therefore, both counts of offense have been denied (both the fight and the shouting match), but they arrested me anyway. My question is: Can I get in trouble for this (in court) if I have my witnesses (those who denied it) to back me up??????? I'm going to be defending myself here.

Also, what's the worst that I can get for breach of peace? A fine? What I'm most worried about is it going on my criminal record. I've never been arrested before, and it's scary stuff, guys. Anything I can do to get just, like, probation because this is my first time getting arrested? Do you think I will be found guilty if I plead my case well? Also, since this is a very minor charge, should I get a lawyer or not? because I perfer not to....
 


calatty

Senior Member
If you are concerned about your record and your punishment, get a lawyer. For such a minor charge, the cost should be reasonable. Without an attorney, a prosecutor might try to take advantage of you to get the most serious charges and penalties. As for whether you can be found guilty of breach of the peace for slugging one person and engaging in loud shouting with another in front of a cop in a public place, the answer is yes, regardless how serious your friends say it was.
 
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Screwed101

Guest
The cops, when I was talking to them last night, said that I should file for a thing called "accelerated rehabilitation", in which I will get probation for like a year and maybe some community service, since this is my first time ever getting arrested. If I do that, they said after that year period my file gets thrown out, and I have a clean slate again (as long as I don't do anything else wrong). Should I do this? Do you think if I don't do this, I'll get a fine or something, and how much would that fine be? If I pay for the fine, does it go on my permenent record that I was "convicted of breach of peace", because that sounds really bad for me when I go apply for a job. Please help. And thanks for the response, man.
 
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bird1

Guest
You could have been burned for engaging in a fistic encounter if the officer saw you, even if the victim did not wish to press charges.
You did get burned for breech of peace by loud / derisive language and it is irrelevant if the party you were screaming at wants to press charges as the complainant would be the city or the state in which this occurred ,if in public.
 

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