Out on bond in Kansas on DUI charge .. Now out on bond in Florida - NEED HELP

[fredmaxwell]

So that reads to everyone that if I did not have a weapon, I am not guilty of that charge??

 

[OHRoadwarrior]

So that reads to everyone that if I did not have a weapon, I am not guilty of that charge??

...coupled with an apparent ability to do so...

This is the part you need to disprove it seems, the other elements appear indisputable.

 

[fredmaxwell]

This is the part you need to disprove it seems, the other elements appear indisputable.

Indisputable in my favor?

I don't even see "Mr. made a verbal threat to cause harm to my person and had the ability to carry out that threat." in the statute so I don't know why the paper work from my arrest says that - it sounds nothing like the actual LAW to me .... am I confused??

 

[OHRoadwarrior]

Indisputable in my favor?

I don't even see "Mr. made a verbal threat to cause harm to my person and had the ability to carry out that threat." in the statute so I don't know why the paper work from my arrest says that - it sounds nothing like the actual LAW to me .... am I confused??

784.011 Assault.—
(1) An “assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.

You apparently made threats to do violence against the officer. His word is reasonable to accept. The other part of the statute for it to be assault, is "coupled with the apparent ability to do so". If your lawyer can disprove the officers contention that you had the ability to do so, the threshold is not met. Hence my comment about appearing in court looking like Pee Wee Herman.

 

[fredmaxwell]

Lord, this is scary. I never would hurt anyone... and have nothing against officers. I can't believe a felony because they say I said some things... wow
My god

 

[davew128]

You apparently made threats to do violence against the officer. His word is reasonable to accept. The other part of the statute for it to be assault, is "coupled with the apparent ability to do so".

No its not. It requires either having a deadly weapon or committing the assault with the intent to commit a felony. Read the statute. You'll notice that our OP is not charged with felonies, only misdemeanors.

 

[OHRoadwarrior]

No its not. It requires either having a deadly weapon or committing the assault with the intent to commit a felony. Read the statute. You'll notice that our OP is not charged with felonies, only misdemeanors.

True davew128, to define...

Assault is an act that creates an apprehension in another of an imminent, harmful, or offensive contact. The act consists of a threat of harm accompanied by an apparent, present ability to carry out the threat. Battery is a harmful or offensive touching of another.

 

[fredmaxwell]

But it is a felony, because it was a leo.. ? But apparently I am extremely not guilty of it

The narrative also says I could not even stand up

 

[OHRoadwarrior]

But it is a felony, because it was a leo.. ? But apparently I am extremely not guilty of it

The narrative also says I could not even stand up

It appears he is claiming assault, not battery. Battery, the felony appears to require you actually have touched him.

 

[davew128]

It appears he is claiming assault, not battery. Battery, the felony appears to require you actually have touched him.

Agreed, however I find it difficult to prove an aggravated assault charge with an incapacitated unarmed person.

 

[xylene]

fredmaxwell

The other posters have focused on the law issues...

OK.

Have you addressed the other thing the court will want to deal with? Namely your alcoholism.

You had 2 serious alcohol related criminal incidents weeks apart.

Your "woman" (who you should ditch) is a drug user.

Get a hold of your substance abuse problem and avoid people with substance abuse problems.

 

[fredmaxwell]

fredmaxwell

The other posters have focused on the law issues...

OK.

Have you addressed the other thing the court will want to deal with? Namely your alcoholism.

You had 2 serious alcohol related criminal incidents weeks apart.

Your "woman" (who you should ditch) is a drug user.

Get a hold of your substance abuse problem and avoid people with substance abuse problems.

Absolutely agreed - I am too stupid to live, for staying. I was leaving on the 6th (nonrefundable ticket) and she conned me into staying - promising to get antabuse and all of that. So I was staying till the 9th (another nonrefundable ticket I missed by being in jail). (This happened on the 8th).

The worst part is I STOPPED her from driving aggressively while drunk with her four year old in the car twice - and stopped her from taking him with her when she was loaded countless other times. Then I finally **** around and do this stupid **** and I get nailed to the ****ing WALL.

It ain't right but I SHOULD HAVE KNOWN BETTER than to stay here surrounded by her alcohol -- I sure should have. And I take full responsibility for my own actions. I don't deserve crucification, but, my God I am stupid. I feel so ashamed of the level of my idiocy.

 

[fredmaxwell]

As an aside.. some lawyers sure do eat well... the only one here I could find that seems decent wants a $5500 retainer --- I am a dead man, I think ;(
Liberty and justice for all monied people

 

[fredmaxwell]

Well, in my infinite wisdom of brilliant indisputable genius and stunning mental mental prowess I've determined that my best bet option at this point would be to seek out and find an attractive confident accomplished female lawyer to keep company with

She could fix this for me and would not be broke all of the time trying to get money out of me


Come to think of it I use to know a well known Florida prosecutor

Hmmm

Not well, but I did


Perhaps ....

Wheels are turning ..

Couple of broken cogs in my wheels, though

I am a dead man?¿

 

[OHRoadwarrior]

As an aside.. some lawyers sure do eat well... the only one here I could find that seems decent wants a $5500 retainer --- I am a dead man, I think ;(
Liberty and justice for all monied people

To err is human. To forgive is not judicial policy.

Consider this the harvest, after a summer of sowing.