i have recently been charged with the following misdemeanors/violations, breach of peace, and assault 3rd degree. i was driving today and took a right turn at a red light i waited for the cars to pass, another was following i had plenty of room so i went, the person behind me however got angry and turn into the lane next to me to swear at me and so forth til the point which i swore back at him and threw pennys at him then took a right and he chased me and called the cops i was arrested and it is obvous that i threw the pennies as 4 people said they saw me do it so i am obvously guitly of the crimes and now have a court date, but they claim i chipped there tooth so would it be smart to plead no contest incase they try to sue me after this case.. any other info on what kinda peneltys i will be faced with would also be great thank you
ps. i dont belive they have any evidence of the chipped tooth such as the other half, i never saw the man show it.. i truly think the guy made this up
2006-09-12 13:33:08 · 16 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
This is something your attorney should be advising you.
Do not take the word of random anonymous people on the internet.
2006-09-12 13:36:06 · answer #1 · answered by coragryph 7 · 1⤊ 0⤋
Ok, the advice to get an attorney is very good advice. You wouldn't perform surgery on yourself, thus you shouldn't represent yourself.
On that note, perhaps when you were being chased by the other car, you were afraid for your safety, and you threw the pennies as an action in self-defense? If a client came to me and told me that was the reason, I would likely talk to the prosecutor (I assume this is a local court, likely town court?) and explain the situation. The entire case at that point might well be dismissed at the prosecutor's discrestion. I'm not saying to lie per se, but...I have had clients, especially women clients get out of jams when claiming self-defense.
2006-09-12 21:01:18 · answer #2 · answered by mereronay 1 · 0⤊ 0⤋
For crying out loud, if every you needed advice, then now is the time to get it. Forget the penalties, implications are substantial.
While YOU could not argue the pennies, others could (on yourb behalf). Did you throw the pennies AT him, or TO him (as in, here's some money, get some coffee and chill out, a form of demonstrative speech, not an assault). Or, maybe they were in your hand and when you put your hand up to flip him the bird, they inadverttently flew out (no intent to throw or indimidate).
All I am saying is that there may be defenses, but you need to see a lawyer.
(And, with a lawyer, you might get a deal to have the charges all reduced to municpal ordinace violations, and a plea of guilty or even no contest would then not be admissible against you in any future civil case. A criminal judgment of guilt -- regardless of the plea -- is admissible against you in a civil case.
PLUS -- if you are convicted of a crime, you may lose coverage for the later lawsuit. SInce the injury alleged arose "out of the use of a motor vehicle" you are probably covered under your auto insurance ... but if you are found to have INTENTIONALLY acted, and that it caused injury, you might be denied.
SOOOOO get a lawyer.
2006-09-12 21:10:29 · answer #3 · answered by robert_dod 6 · 0⤊ 0⤋
You should plead Nolo Contendere!
Pleading Nolo, if you don't have an attorney, is not usually warranted unless there is a chance of you being sued! A guilty plea can be used against you in a civil case, but a judges ruling after a no-plea cannot!
If you are being charged with a crime that carries with it jail time, attorneys are usually appointed if you can't afford one! They usually are Public Defenders!
While I always would advise to get an attorney, in many small matters attorneys are not consulted. The information above any lawyer will tell you is valid!
If you are a child, you would not be in regular court, but be charged with Juvenile Delinquency and an attorney would be appointed for you if your parents can't afford one!
Yes, and don't take my word, ask an attorney!!
2006-09-12 20:39:34 · answer #4 · answered by cantcu 7 · 1⤊ 0⤋
No-contest.
If there is no proof of the chipped tooth etc,.. and this claim is dropped, counter sue (if sued), them for false claims....
Make sure you have a lawyer in court with you and ensure your side of what happenend is explained.
You will more likely have to pay a fine for the misdemeanor violations.
2006-09-12 20:40:45 · answer #5 · answered by nardo84 3 · 0⤊ 0⤋
Please call and make an appointment with an Attorney. He/she will be the only one that I'd be talking to right now. If you get 100 answers on here, it won't help you one iota, because your case is unique (to say the least), and is worthy of your day in court, with Attorney.
2006-09-12 21:10:18 · answer #6 · answered by skyeblue 5 · 0⤊ 0⤋
I agree with the first answerer....you need the advice of an attorney. A lot of people on here are teens and even younger. You don't need to be taking advice of people like this that you don't know.
2006-09-12 20:39:37 · answer #7 · answered by First Lady 7 · 0⤊ 0⤋
If you did it, admit it. When you make a right on red, there isn't supposed to be any oncoming traffic. You were in the wrong. Then you have the nerve to throw things at this guy.
2006-09-12 20:39:11 · answer #8 · answered by Juanitamarie 3 · 0⤊ 0⤋
An attorney will possibly be able to plead it down to a violation and youll have no criminal record
2006-09-12 21:21:33 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Hahaha, you threw pennies at him? That's awesome!
Get yourself a good lawyer and ask his advice.
I really couldn't tell you if you have a shot or not of getting off since I wasn't there.
2006-09-12 20:39:18 · answer #10 · answered by chemicalimbalance000 4 · 0⤊ 0⤋