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  1. #1
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    Assaulted but given a ticket? Help me out.

    Hey guys this is just a copy and paste straight from XDA. I really need help with this.

    "Hey I need help! I'm 16, I live in Houston TX and back in October a kid assaulted me (jumped me) on my way to class, and I had no choice but use self defence. In the end he RAN away from me, but I STAYED with the teachers, and was very cooperative. The school did NOT see it that way and when I demanded they look at the school cameras they simply said "it didn't catch anything" they gave me a ticket for fighting, and I have court this Friday (nov. 16) my family is really low on money and I can't do community service as I have a job. What can I do so I don't have to pay a fine or get community service?
    Ps. The kid broke my glasses (again he jumped me! If I agreed to a fight I wouldn't wear glasses) if I plead not guilty (which I think I should) what would happen? Thank you Cricket Users. I really need all the help I can get!"

    Sent from my SCH-I535 using Tapatalk 2

    Edited by Dina (replaced XDA stuff)
    Last edited by Dina; 11-17-2012 at 09:50 AM.

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  3. #2
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    Re: Assaulted but given a ticket? Help me out.

    I would say get as much evidence as you can get, if any witnesses get them to talk for you, and as you say that there's cameras, demand for the tapes if possible. If all else fails, even if you obviously aren't guilty, last case scenario would be to plead guilty so that at least some charges could be dropped. It's really unfair, I know, but if it goes wrong, hopefully it doesn't, that'll make the process much easier to go through ....

    Good luck!!! Hope for the best.

    Sent from my M886 using Tapatalk 2

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    One day to go so not much to prepare for at this point. They rule on evidence. Dress nice, answer questions with short direct answers. Dont argue or try to re-explain everything in detail. People can tell when people are making things up so no reason to lie, tell it like it was. If you have a witness then thats good. If you have a witness that that guy once fought then thats good. If you have a record of "trouble" then thats not so good. If he has a record of trouble then thats good. If he doesnt show up to explain things then they can only rule on your evidence. If you can explain that you have avoided him several times then thats real good. If it sounds like both yall planned to fight sometime then thats bad. If the evidence he has and you have is equal with no clear instigator then it should be dismissed. ..my 2 cents.

  5. #4
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    Re: Assaulted but given a ticket? Help me out.

    I don't have a history of trouble. Just one ticket for something completely different, but he always brags about all the trouble he gets into so he might have record. Another thing is, I was told he used the SAME story as me, saying I assaulted him? This is BS. >=[

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  6. #5
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    You have to stay very calm and take the appropriate amount of time to answer the questions. Answer everything honestly and stick to your guns. They will try to confuse you or make your story appear to not make sense despite the fact that you know it does.

    I was accused of being smug by cops because I was cooperative and non aggressive. They happened to be all coached by a district attorney though.

    Good luck.
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    Hope it went okay for you, and you made a plead not guilty. If you did, it should go to trial. The trial will likely be with just a judge and not a jury. Either way, it sounds like you have a good case, with sufficient evidence. If you have any friends who are witnesses, be sure you bring them as well, if it goes to trial. The reality is, if the teachers did not see anything, and the cops did not see anything, they cannot issue a valid citation. Citations can only be written by a police officer if they see the offense happen or if somebody who did see the event happen, signs the citation as the "arresting officer" (also known as a private person arrest). Good luck kid.

  8. #7
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    I would think you have the right to a trial by a jury of your peers.
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    Indeed you are, for misdemeanor and felony cases. His case may be a misdemeanor, if so, he would certainly be entitled to a jury of his peers. If they had a jury trial for every infractional citation, the country would be in even more debt, and more true criminals would walk as it would overwhelm the already strained judicial system.

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    Yeah how did the ticket read Salas? If you try to use a self defense plea, you have to realize what self defense is. It's using an appropriate amount of force to remove the immediate threat pretty much.

    IE If someone starts punching me and then backs down completely, I can't pursue him and beat him up.

    Probably a bad example, but in my experience this is basically what it boils down to.
    Please check the forum and post there before PMing me. I have over 674 unread PMs due to the fact that they are issues which should have been addressed here.

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  11. #10
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    Re: Assaulted but given a ticket? Help me out.

    Quote Originally Posted by eburgan View Post
    Hope it went okay for you, and you made a plead not guilty. If you did, it should go to trial. The trial will likely be with just a judge and not a jury. Either way, it sounds like you have a good case, with sufficient evidence. If you have any friends who are witnesses, be sure you bring them as well, if it goes to trial. The reality is, if the teachers did not see anything, and the cops did not see anything, they cannot issue a valid citation. Citations can only be written by a police officer if they see the offense happen or if somebody who did see the event happen, signs the citation as the "arresting officer" (also known as a private person arrest). Good luck kid.
    The only thing teachers saw was the fight already in progress. And I chose to have it by bench (jury) since its cheaper and fast.

    Quote Originally Posted by chrisngrod View Post
    I would think you have the right to a trial by a jury of your peers.
    I think so too.

    Quote Originally Posted by chrisngrod View Post
    Yeah how did the ticket read Salas? If you try to use a self defense plea, you have to realize what self defense is. It's using an appropriate amount of force to remove the immediate threat pretty much.

    IE If someone starts punching me and then backs down completely, I can't pursue him and beat him up.

    Probably a bad example, but in my experience this is basically what it boils down to.
    He punched me in my back (where I was getting treated for in therapy at the time because of a car accident). Then pushed me. I simply ignored it, and he started whailing on me, so I ended up punching his face a few times, and just throwing punches, and he ran away, but I stayed with the teachers, and told them what happened. I see it as self defence (I was getting therapy because of an accident, I am NOT going to let someone, make my condition worse.)

    Sent from my SCH-I535 using Tapatalk 2

    ---------- Post added at 07:57 PM ---------- Previous post was at 07:54 PM ----------

    Ticket reads as "disorderly conduct (affraying)" my spelling isn't good for big words :P

    Sent from my SCH-I535 using Tapatalk 2

 

 

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