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Be Back Soon All (Don't Forget Me!!!!!!!)

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Feb 09, 2004 Pyroman_Ace link
Like I said spectre, the chances of you getting in deep trouble are slim to none, probably none. Worst Case scenario, your convicted of being a jack*ss and have to pay $20 in court fees for time.

If your aquited then I think under US Law (maybe state to state varies) SHE pays the fee. As for her calling the cops on you pushing her...BS! Man I've flown near you, and listened to you speak ingame and unless your totally different ingame than out og game, the charges are bogus. And as for her not showing up, easy as pie. Claim she doesn't beleive the charges are important enough to even show up unless forced to by your parents and say that clearly she beleives the charges aren't important and why, if she was "choked" by you why she wouldn't arrive to make sure you were convicted.

Also, as far as I see it, testify for yourself, you can't really screwup in something so small. Downplay the event but not so much as to make it appear that you beleive the whole situation IS bogus, just act concerned, downplay just enough to make the judge beleive it was a minor playing thing out of hand and then...your clear.

I'll be your legal councel. (Just don't actually list me as council since Im not licensed and this is all based on Alaska and US law.)

Now if this occured on a Military Base your in deep dark crap already. Then you need a JAG Council because then it's under US Armed Services Law not US Civil Affairs Law. But the way it sounds, your not on a military base when it occured so your fine.


Now, the funny thing would be to be at your house during this whole thing. It'd be semi-funny to see you two living under the same roof through this...

Too bad they didn't get her for making a Phony Phone Call, now THAT would be hilarious!
Feb 10, 2004 roguelazer link
If this is a civil trial and she doesn't show up, you win by default. If it's a criminal trial (shouldn't be, but who knows), she doesn't have to show up. And Pyroman? Even if it occured on a military base, since him and his sister would not be members of the military they would -not- be tried by a military court (which has better things to do), but instead by a civilian court,
Feb 10, 2004 spectre_c_me link
i live in base housing for Langley. so the MP's did come to the house but because where i live isnt on the base itself the MP's had nothing to do with it. they just took our statements and then left, the county police came and told me that i would have to appear before the court judge and all that. remember: my parents "think" she wrote that in her statement, and i have already admitted to pushing her, and i have been accused by a friend of choking my sister so i think she did. either way im not worried that much about it, but part of me wonders if this is just gonna be a big mess.

-io

looks like i wont be leaving until someone puts this stupid password on my login again. i would put my own on but that would be just stupid
Feb 10, 2004 Durgia link
My friend had this happen. He punched his brother and his brother pressed charges. Had to take an anger management course because of it and see some government shrink.

So then me and some more of my friends beat his brother up for him :)

Sounds more like a hearing then anything else. Unless the judge is a women that was beat up by her brother you will be fine:)
Feb 11, 2004 spectre_c_me link
yeah its just a hearing, before a male judge. the entire county has 1 judge to take care of cases like mine, its so funny. oh well i g2g, class needs the computers in the library. lol

laterz
Feb 11, 2004 Pyroman_Ace link
IF it had occured on base, the MPs may have interevened since Oversees Bases owned by the US are under US Law, the MPs would intervene under most cirumstances and try the offender under the US Code Of Law, Civil Cases Onsight of a Military Base.

Okay well, a Male Judge may have had similar brats as a sister so that could help. Or he could just be a total tightwad and 0 leniancy. Still better than a Female Judge in this situation. However a jury would be better, a Male Dominated jury....
Apr 07, 2004 spectre_c_me link
Ok, my dad got a call that the case will be thrown out or dismissed. I am going to post 1 more time with the details of what happened during the actual trial, and then i will be done with this thread. Thank you all for your support, and helpful hints and/or ideas you suggested.

this thread is a good reminder to the players of the Vendetta universe that not everyone is a jacka$$ and that parts of the community are caring to an extent.
Feb 11, 2004 Durgia link
hearings don't have juries:P
Feb 11, 2004 Magus link
It's a civil hearing. Usually, civil cases do not have juries. Those are, generally reserved for criminal law. IO is fine. He's a minor, there isn't much a judge can do to him besides making him see a shrink. Even that is doubtful.
Possible consequences: If you ever run for political office, there is now dirt on you. Are you a sister-beater IO? Well? Are you? There goes your feminist vote.
If you're ever charged with a crime the prosecutor can point to this as a "history of violent behavior." After all, if you pushed your own sister, who is to say you didn't mug that man if the alley last week?

But really, it'll be fine.
Feb 11, 2004 Pyroman_Ace link
I know that hearings and normal civil cases don't have jurys. I mean, whats the point? No one is going to be convicted and sentenced to prison or anything, and no one was brutally injured or killed so no jury is needed. It's too much hassel for such a minor dispute. I was merely stating that if this was before a Male Dominated Jury he may have a better chance of a Hung Jury, in which case he's off the hook. Now it all rides on the Judges opinion and the judge can't get a hung decision. There isn't any gray area here. He wins or loses by that judges hand, not the juries.

As for the consequences, a Shrink and the courtfees are the worst your gonna get hit with. I checked Virginia (Assuming you mean Langley, Virginia, like the CIA headquarters Langley) law and if you are aquited then you are free and clear. Your sister has to pay the fee and the dispute doesn't go on file anywhere. If convicted, the maximum levy is Community Service (no greater than 50 hours), payment of courtfees, and maybe orders to see a phychologist and also a full phycological examination.

So, you just make sure she doesn't showup there (sickness, injury or other problems that could, beyond resonable doubt, make it IMPOSSIBLE for her to showup exempted. That would force a delay of court) and she could've but didn't then the case may very quickly be dismissed and she herself could be charged with a minor misdeamenor at worst is a felony but they would charge a minor with felnoy, thats a criminal level prosecution. If anything she would get charged with misdeamenor and get so fines and community service.

Also, "a history of violence (violent behavior)" hinges on a critical problem. The proseutor of the "fictional" case would have to provide proof he was convicted of a crime and not just charges presented. If his sister accused him merely of pushing, then he will certainly be convicted as having already pled guilty on that aspect. If chocking is accused, then that has to be proven as well. If it can't be then IO will get off.

Also, a "history of violence" typically relates to past brawls and fights where the accused was arrested and held by the police or released on bail/bond. Since this is a minor case and IO isn't being held on bail, bond, or by the police, then this isn't a real provable case. Plus, civil cases are wiped from minor's records when they reach 18. Standard US Supreme Court Law. The states HAVE to wipe civil cases from a minors records when the minor reaches 18. Criminal Cases and Criminal Convictions remain though and under special circumstances, a Civil Case may remain if certain criteria are met which I wont go into since it is rather long and complicated.

But overall, Magus is fairly correct. IO has nothing to worry about since the case is minor in nature and he can chalk it up to playfulness grown out of hand. Or he can just say he is guilty of pushing and bortherly love and may get convicted of being a jerk. Worst case scenario.

[SDF] Black 1
CO, SDF
Feb 11, 2004 doran2k link
Somehow I think getting IO to "arrange an illness" for his sister may just get him into more trouble. ^_^

It's minor man, don't sweat it, if things are going bad just start screaming "The voices made me do it"

-Doran
Feb 12, 2004 spectre_c_me link
lol Doran
thanx [SDF] Black 1

Good news: its over

Bad news: i could face up to 6 months in Juvi, and i have to go back on April 8th (yeah, i know its another long a$$ wait)

apparently all today was about clarification of the charges and deciding if i wanted to get a personal lawyer or not (i dint, i got a court appointed lawyer). sorry for the confusion everyone, my bad. my parents said that i had a court date today, they dint specify, so i assumed too much and i figured it would be the trial. sorry again

anywayz... my brother was sick last night so nobody is gonna be feeling well in the next few days. my sister is sick tonight, my mom was already sick, so that leaves me and my dad: i hope i get sick tommorrow, Saturday is my V-days dance and yeah... lol but yeah Doran that is a worry of mine, if my sister is sick then the case will be pushed back further.

*shakes head* 6 months in juvi... lol funny thing is that i dont care about that, its the fact that my sister is spreading rumors at school that ticks me off.
Feb 12, 2004 Pyroman_Ace link
hmmm, 6 months?! A lawyer? JESUS H. CHRIST! This isn't a civil case, this a criminal case. She brought a criminal charge against you! Probably something like battery or assault.

In this case, your in the deep dark. I ain't qualified to help out here, and now that you have a civil defender, you're in semi-good hands (civil defenders aint that highly viewed, it's seen they can't get a job with a firm so they work for the state) but he (or she) will get you through this without too much painfulness.

Also, get your lawyer to show you her statement to the police. He can subpeona that if the court doesn't want him to have it, but that maybe key. Get it and post it here and I'll start finding holes. Knowing 14 year old girls, that thing can be easily turned into Swiss Cheese.

And excuse the expression but, push back. She's spreading rumors, come up with your own and fire back. You're older and have senority. You're silence makes you look guilty that way. Dont talk too much or too little, and you'll be fine.
Feb 12, 2004 Magus link
"She's spreading rumors, come up with your own and fire back."
-Okay, I think that statement negated your presumtions of paternal advice. Spreading more lies is NOT the way to go. Just say: "She's a liar." It's that simple. Your friends will believe you, and if they don't, they can go f*ck themselves because you will never see 99% of them in 3-4 years time anyway.
Feb 12, 2004 Pyroman_Ace link
I didn't mean LIE in any way! NO NO NO! That makes you just as bad as her. Just if she is spreading rumors about the incident and they are biased, return fire with your own version of events. In other words, they should cancel each other out and hopefully generate a more complete picture.

And as Magus said,"Your friends will believe you, and if they don't, they can go f*ck themselves because you will never see 99% of them in 3-4 years time anyway. "
Feb 12, 2004 Forum Moderator link
If you are worried about the 6 months, there is always the premptive tactic of admitting to whatever part you did commit and requesting anger management training.
Feb 12, 2004 doran2k link
That is a good point. If you plead No Contest, you will not be admitting guilt, just saying that you are not challenging the charges. Usually this allows for a lower penalty, such as anger management. I would go this route if you just want to get it over with. If you are under 18 you can have your record expunged, or cleared once you reach 18. It's usually pretty painless.

Or, you could simply leave the gas running while she is sick and go "take a walk"....

But I would suggest the first bit of advice.

-Doran
Feb 13, 2004 Forum Moderator link
On that note: I don't know (or need to know) where your parents stand regarding these charges, but it might be wise to be very careful what you say or write regarding the topics of your family or school right now.
Feb 13, 2004 spectre_c_me link
Yeah, i am charged with assault and battery... FOR PUSHING HER DOWN!!! hell, i do worse to people in school when we are all getting lunch. i swear these people are so stupid.

oh well... im not gonna plead guilty because if she did put in her statement that i choked her then im not gonna get in trouble for something that i didnt even do, and besides the fact exists that i am being charged with assault and battery, because a lack of evidence (i'm being charged with pushing her and choking her as 1 charge, not 2 seperate charges *at least thats what i think)*)i could get off with nothing at all. hopefully this will be the case. i dont think that i want to spend 6 months in Juvi just cause my sister decided to press charges for me pushing her, and she then decided to lie and add things to the altercation that did not happen.

im not gonna spread rumors or anything like that. if my friends accuse me of doing something like that, then its obvious that they believe i would do that, and i cant be friends with someone who believes i would choke someone. besides, my sister has to be pretty desperate to go around spreading false rumors about me, and not to mention she has to curse at me in another language. no offense, but doesnt it seem kinda stupid to insult someone in another language when you speak the same language they do? anyone agree with me on that?

good point FM, im gonna be a little more weary of what i write now.
Feb 13, 2004 Pyroman_Ace link
You need to be able to prove she is lying to the court for her statements to be taken out of the court records. If you can get her statements into a questionable position then you can turn the tide to your side. Already you may have some support since this is obviously a very rare and very out of proportion case but you still need to get more support from the judge.

If you can outright prove she is lying that's purjury by her and thats a felony. Also, can you get her statement to the police and any sworn statements she's made? I'd really like to see them and start working on finding something that just doesn't work out right.

I wouldn't plead guilty to the charges but would talk to your lawyer about pleading guilty to the pushing charge if it's by itself (eg. Not Pushing and Choking under the same charge, just Pushing on one, Choking on the other). If you can plead guily to that one you have a fair shot at getting off on the other or the other's sentence being significantly reduced.

Already, 6 months in Juvi is EXREMELY extensive for such a minor thing like pushing. While I am extremely doubtful your going to get Juvi for 6 months you should still fight tooth and nail for everything you can. Just avoid accidentally incriminating yourself because even if you do recind it it looks bad for you.


And yeah I agree with you about her being pretty pitiful and childish. But remember, she may have half the school with her now so be careful about stepping off the path there, it's likely going to be a minefield, some steps will blowup in your face, others maybe safe.

GoodPoint FM, but I know that most people on Vendetta Test are working with IO to get him acquited (I'm his unofficial legal council) and I don't think anyone is going to run to his parents or sister. Even if they did, his sister by all accounts is being more childish than IO is...