Conflicting charges?

[elaine2]

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

I have a question about these two charges against my 15 year old son.

NRS 203.020 Assembling to disturb peace or to commit unlawful act. If two or more persons assemble for the purpose of disturbing the public peace, or committing any unlawful act, and do not disperse, on being desired or commanded so to do by a judge, justice of the peace, sheriff, coroner, constable or other public officer, the persons so offending are guilty of a misdemeanor.

NRS 203.060 Unlawful assembly. If two or more persons shall assemble together to do an unlawful act, and separate without doing or advancing toward it, such persons commit an unlawful assembly, and are guilty of a misdemeanor.

Are these not conflicting charges? Doesn't the first one suggest that something happened - while the second suggests that something didn't happen? How is it possible that both would apply to a single situation?

 

[Banned_Princess]

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

I have a question about these two charges against my 15 year old son.





Are these not conflicting charges? Doesn't the first one suggest that something happened - while the second suggests that something didn't happen? How is it possible that both would apply to a single situation?

could you please just continue posting to your original post about your 15 yr old assaulting the police.

 

[mistoffolees]

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

I have a question about these two charges against my 15 year old son.





Are these not conflicting charges? Doesn't the first one suggest that something happened - while the second suggests that something didn't happen? How is it possible that both would apply to a single situation?

No, they're not self-contradictory. Maybe they assembled to do one illegal act and after they actually got together, they did a different illegal act. Like assaulting the police.

 

[Proserpina]

could you please just continue posting to your original post about your 15 yr old assaulting the police.

I think that's best, yes.

 

[elaine2]

could you please just continue posting to your original post about your 15 yr old assaulting the police.

Well, I apologize for thinking of them as different questions.

 

[elaine2]

Are you folk judge, jury and executioner all rolled in to one?

No knowledge of the innocent until proven guilty theory on a legal forum?

 

[Proserpina]

Are you folk judge, jury and executioner all rolled in to one?

No, sweetheart. We're volunteers who spend endless hours offering knowledge and experience, trying to help people - and often their reckless offspring - with their legal issues.

No knowledge of the innocent until proven guilty theory on a legal forum?

Happy Thanksgiving.

 

[CdwJava]

They appear to be separate matters. One involves assembling to do some bad stuff and failing to disperse when told to, and the other involves assembling to do bad stuff and actually not following through.

So, if they assembled to storm the police barricade, refused to disperse when told, but fled when there was a show of force by the cops, both offenses would appear to be valid.

Though if this had been one of my sons, he'd not likely be seeing the light of day again for many months, he'd be subject to indentured servitude at the local police department as well as doing whatever volunteer cleanup he could do every day after school and on weekends because, well, he wouldn't have a social life after tossing something at the police.

Of course my kid would probably also be pleading guilty. But, that's me.

 

[elaine2]

No, sweetheart. We're volunteers who spend endless hours offering knowledge and experience, trying to help people - and often their reckless offspring - with their legal issues.

At times when they're likely feeling quite vulnerable, seems to be the part you miss.

Do you think I go through this everyday? This is the most trying time of my life, attempting to understand all this.

They appear to be separate matters. One involves assembling to do some bad stuff and failing to disperse when told to, and the other involves assembling to do bad stuff and actually not following through.

Ok. I'm still slightly shaky on the point of difference. But the example helps it make more sense, thank you.

Though if this had been one of my sons, he'd not likely be seeing the light of day again for many months, he'd be subject to indentured servitude at the local police department as well as doing whatever volunteer cleanup he could do every day after school and on weekends because, well, he wouldn't have a social life after tossing something at the police.

It is going to be a long time until he has anything that looks like a social life. I don't know what we're going to do with him long term yet. Your ideas are good though.

Of course my kid would probably also be pleading guilty. But, that's me.

Look, I'm not trying to get my kid out of trouble. I don't know the entire story yet, he admits parts and denies other parts. He is not the only one charged with throwing something and I do not yet know why they have charged him. And that is one part that he denies.

I've never been through anything like this with any of my children and I'm simply trying to understand what is going on. And he obviously needs to face the consequences for whichever parts he IS responsible for. (And I obviously hope in my heart that he didn't in fact throw anything at the police because that is not something anywhere close to what we taught him).

I was trying to remain factual/unemotional about legal questions but you might end up with a frantic mother who feels right in the middle of a crisis.

 

[mistoffolees]

At times when they're likely feeling quite vulnerable, seems to be the part you miss.

Do you think I go through this everyday? This is the most trying time of my life, attempting to understand all this.



Ok. I'm still slightly shaky on the point of difference. But the example helps it make more sense, thank you.



It is going to be a long time until he has anything that looks like a social life. I don't know what we're going to do with him long term yet. Your ideas are good though.



Look, I'm not trying to get my kid out of trouble. I don't know the entire story yet, he admits parts and denies other parts. He is not the only one charged with throwing something and I do not yet know why they have charged him. And that is one part that he denies.

I've never been through anything like this with any of my children and I'm simply trying to understand what is going on. And he obviously needs to face the consequences for whichever parts he IS responsible for. (And I obviously hope in my heart that he didn't in fact throw anything at the police because that is not something anywhere close to what we taught him).

I was trying to remain factual/unemotional about legal questions but you might end up with a frantic mother who feels right in the middle of a crisis.

Your action is simple. Get him an attorney. And make sure that he's not talking with ANYONE but the attorney about it. If he admits to you that he did it, you can be ordered to testify.

 

[Banned_Princess]

Your action is simple. Get him an attorney. And make sure that he's not talking with ANYONE but the attorney about it. If he admits to you that he did it, you can be ordered to testify.

And not even a thank you.

 

[elaine2]

Your action is simple. Get him an attorney. And make sure that he's not talking with ANYONE but the attorney about it. If he admits to you that he did it, you can be ordered to testify.

Ok, thank you for the tips. Yes, we will be talking with an attorney next week. If he does admit to doing it, well he shouldn't just be admitting it to me anyway.

And not even a thank you.

Oh my goodness...may I have the chance to log back in and return to it?

Completely unnecessary.