When I was in High School (17 years old in 2003) I was sitting at my house and a kid showed up at my house to yell at me for seeing his ex-girlfriend he got in my face so i threw him down he leaves the and next day the police show up and tell me he went up to the police station that night and told them what i had done and that i needed to stay away from him and he needed to stay away from me and that was it they said there was no reason to arrest me the next day a county sheriff shows up and serves me an order of protection (this is two guys i mind you) then i get a letter from the DA saying i am being charged with battery as an adult he had a cut on his elbow and bam they had a picture of it so open and shut battery... but i was never arrested, finger printed, no mug shots, questioned but not advised of my rights... could i get this off my record some how... PLEASE HELP!
2007-10-17 08:17:48 · 10 answers · asked by KPD25 1 in Politics & Government ➔ Law & Ethics
Sounds like one of those kids parents is either a cop, or DA or something. It's always little brats with parents like that who get kids in trouble for dumb stuff like this. The trial already happened, so the best you can hope for is to get a lawyer and get it expunged.
2007-10-17 09:03:38 · answer #1 · answered by ryan c 5 · 0⤊ 0⤋
If you are charged in a crime, they MUST serve you with papers and give you the right to defend yourself in court. They can not convict you of battery unless there was a trial. A letter from the DA means squat, specially if it came in the regular mail.
Keep in mind for them to convict you, they must have evidence. Were there any witnesses? If it is just a case of "he said, you said" they really can not go very far with the case. He could have gotten his arm hurt in some other way.
I would take the letter from the DA and go down to the office and find out what is going on.
Perhaps they are holding the charges to see if you continue your behavior. If the protection order is valid, you had better stay away. If you break the protection order they can haul you in for BOTH the original battery AND the violation of the protection order.
Then again he may have made a big enough stink that they had to do something. Is his father someone important? They may have gone as far as they can and know that charging you will just be a waste of time and money. Specially if they do not have any witnesses to verify his story.
As far as having it on your record, all that is on your record right now is the protection order. You may want to fight that as in some states THAT is sufficient to void your Second Amendment rights to have a gun. You may want to ask for a hearing in the court that issued the protection order so you can fight it. Again, if there were no witnesses and it is just a case of he said, you said, then the court has no real valid reason to keep the order in place.
On the other hand, if all he did was yell at you and did not touch you and then you made the first move and hurt him, that makes you the aggressor and you did batter him. If there were witnesses to back up his story you may want to leave well enough alone and not stir up the nest.
A good rule of thumb: the first person who TOUCHES the other guy is at fault.
Another rule of thumb: Get a lawyer.
2007-10-17 08:33:29 · answer #2 · answered by forgivebutdonotforget911 6 · 0⤊ 0⤋
Not being arrested doesn't mean you weren't charged. When the DA charged you with Battery you had a chance to go to court. If you did not then thats another issue. But at sometime you should have seen a judge and they found you guilty which is what accounts for the conviction.
Getting it off your record probably isn't going to happen due to you being charged as an adult. If you were charged as a juvenile you would have had the opportunity to have it expunged but since you were charged as an adult thats not a possibility.
The only way to get it removed from your record is to some how have the conviction over turned but you are beyond your normal appeal time.
2007-10-17 08:26:57 · answer #3 · answered by vamarine22 2 · 0⤊ 0⤋
The order of protection is one thing -- and for it to me more than temporary, there would have had to be a hearing, and you are entitled to argue why it should not be issued long-term.
As for the conviction -- either you plead guilty before the court or there was a trial -- those are the only two ways to be found actually guilty -- you don't need to be arrested if you show up at the court voluntarily. And if you were told to show up at trial -- and didn't -- then that was also your choice -- but you can only be convicted after you've had the opportunity to defend yourself at trial.
2007-10-17 08:36:46 · answer #4 · answered by coragryph 7 · 0⤊ 0⤋
The letter from the DA said charged, not convicted. It is not necessary for the police to arrest you for the DA to file charges. You need to contact the DA to find out the status of the case. it is very uncommon for them to wait 4 years to prosecute something like this so either they dropped the charges or you have a warrant for failure to appear in court.
2007-10-17 08:24:17 · answer #5 · answered by davidmi711 7 · 1⤊ 0⤋
So when and how did a "conviction" occur?? Was there a trial? A plea? Did you have an attorney?? Getting a letter saying you are CHARGED is not a conviction. What actually happened to the charges??
2007-10-17 08:23:07 · answer #6 · answered by jurydoc 7 · 0⤊ 0⤋
which would be as much as the hiring branch you will could point out this while they ask "have you ever been arrested, and if so what replaced into the effect?" you will could clarify this to them and that's going to be as much as them to be sure in the event that they choose you Our departmemt does no longer touch you with that kind of history. You made a plea deal so which you unquestionably did it yet you in simple terms have been given around it with some legal bumble-jumble maximum departments might seem at you as a foul candidate
2016-10-04 00:53:43 · answer #7 · answered by ? 4 · 0⤊ 0⤋
I don't understand how you can be convicted of something without being arrested and charged first. You need a lawyer.
2007-10-17 08:33:22 · answer #8 · answered by booboo 7 · 0⤊ 0⤋
Did you go to court?
If you did, then you would have to request that this be removed from your record.
If not, I would have a background check be done to see if it is even there. It may never have went that far.
Then seek an attorney if you need to have it removed.
2007-10-17 08:25:34 · answer #9 · answered by lilbit 2 · 0⤊ 0⤋
Make them prove that the cut was caused by you.
2007-10-17 08:22:48 · answer #10 · answered by Lavrenti Beria 6 · 0⤊ 1⤋