Legal question

[89-LX]

Quick question here. On Jan 7th, I was pulled out of my car and attacked by 2 people. I called the police before they attcked me due to them throwing a pop bottle at my car. When I came to a stop, its when they did it. Now 3 weeks after the fact, the police interviewed the 2 guys that attcked me, and the city attorney said that he will not charge anyone with assult and battery unless he charges all 3 of us. Now I didnt do anything. I was jumped by 2 people. I called the police to file charges, had the fire department come out for a busted up mouth, and went to the hospital, with also having pictures as proof. I know for a fact that these 2 guys lied and said something else.

Now if I was to tell the city attorney to bring the charges up onto me (I know I will be cleared, as I did nothing wrong. The phone calls to the police department before and after it happened shows that I wanted police intevention), and I go to court and am cleared, will this stay on my record and affect my going into the Navy/OCS for SNA/SNFO?

 

[Spekkio]

The sad truth is, don't bother. Without a third-party witness to verify your story, it's your word against theirs. I don't know what the pictures can show other than you were in an altercation. They cannot verify or deny whatever it is the other two shmucks told the cops that made the DA decide he can't charge them without charging you. Obviously the police or fireman who arrived on the scene did not submit statements about what happened, or else the two would've been arrested on the spot.

The most likely scenario is that you have to go to trial over garbage while these two guys accept a plea bargain to next to nothing, and now you have an arrest on your record.

The cops who arrived on the scene here were idiots.

 

[89-LX]

I should have also stated, that my gf was in the car at the time, and they demanded that she got out of the car but her door was locked.

 

[Spekkio]

Yes, but your girlfriend knows you, so it's still your story vs. theirs with no one else to verify it. Basically, it's more trouble than it's worth to you at this point, because like I said with such a weak case the prosecution will look to plea bargain, and of course you'll reject yours because you are innocent and have to pay all sorts of money for a lawyer.

 

[zippy]

Interesting story- Doesnt seem like the DA would randomly come up with the idea to charge all three of you...

If you are charged, you are going to need to show proof of the final disposition of the charges- and be prepared to present this whenever asked in the future. Getting off clean is the best case scenario... continuances without findings are suspended sentences are less than ideal to say the least.

So looks like this is your delimma- bring charges against them and get youself charged.. then you have to get a lawyer to try to get you off ($$$ and not a garunteed outcome)- representing yourself in court is stupid, and the public defenders ive seen in action were lack luster. If you can get off, they other guys have the ability to do that too- if that happens, your right back where you started... or, they could get off and your charges could stick, or all three of the charges could stick.

I know what I would do in your position...

 

[Spekkio]

Learn to lock your door when you drive in the car. Not only to avoid scenarios like this, but there are reports of people who get into car crashes and the door opens from the impact. Locking them reduces the chances that this happens.

It sucks, but you gotta let this one go. You want to charge them so that they don't get away with what they did. Unfortunately, though, it's going to cost you more than it's worth to get your revenge.

 

[DocT]

This sounds like a pride issue. If all you got was a bloody grill, let it go. The arrest is something you'll have to explain to your OSO, get waivered, and the boards will see it. You will waste more time trying to waiver and get past it that the whole things worth. Move on, see your OSO, get your app started, join the Navy.

Good Luck, Doc

 

[89-LX]

Regarding the lawyer, I have free access. So thats not a big problem. I also have $1200 in damages to my car which makes me unable to drive it that needs to be fixed that they caused.

 

[Spekkio]

So then charge them with a civil suit, which you would have to do anyway to get the $ if you filed a criminal suit.

 

[DocT]

Michigan has no fault insurance. If the police interviewed those knuckleheads they'll have a record of it and perhaps you can get the info and you can at least get your deductable out of them. If not...small claims court.

Lawman is cop/security guard or something, maybe he'll weigh in here for you.

 

[89-LX]

Insurance will not cover this, even though it is full coverage. It consitutes as damages caused by other means. Doesnt count under vandalized or accident.

 

[ChunksJR]

So then charge them with a civil suit, which you would have to do anyway to get the $ if you filed a criminal suit.

Concur with this one. There isn't a civil attorney alive who wouldn't take this one if what you say is indeed true...screw the criminal case since the DA that would prosecute it sounds like the public defender from "My Cousin Vinny"...

 

[Schnugg]

Remember my PM advice to you about keeping your nose clean and staying out of trouble...you are not following it.

Where exactly did this happen and what time of day?
Most likely not downtown in front of a church?

And you are 100% innocent? Why did you stop? Were you going to take care of it yourself?

You should have kept going (you were in a car correct)..and called the police and let them deal with it.

 

[snow85]

Quick question here. On Jan 7th, I was pulled out of my car and attacked by 2 people. I called the police before they attcked me due to them throwing a pop bottle at my car. When I came to a stop, its when they did it. Now 3 weeks after the fact, the police interviewed the 2 guys that attcked me, and the city attorney said that he will not charge anyone with assult and battery unless he charges all 3 of us. Now I didnt do anything. I was jumped by 2 people. I called the police to file charges, had the fire department come out for a busted up mouth, and went to the hospital, with also having pictures as proof. I know for a fact that these 2 guys lied and said something else.

Now if I was to tell the city attorney to bring the charges up onto me (I know I will be cleared, as I did nothing wrong. The phone calls to the police department before and after it happened shows that I wanted police intevention), and I go to court and am cleared, will this stay on my record and affect my going into the Navy/OCS for SNA/SNFO?

okay... we're missing a LOT of information here. i'm going to ask you some questions, but PM me the answers.

1. the threw a pop bottle at your car and said pop bottle caused $1,200 in damage and rendered the vehicle undriveable? i don't think so. explain.

2. doesn't matter if your gf was there or not. she's an eyewitness and eyewitness accounts are notoriously inaccurate. especially because after the fact, her view is probably colored because she's your gf.

3. did you stop at a stop sign? light? parking lot to kick some a$$? schnugg made a very good point-- why did you stop? did you consider that in doing so, you could escalate the situation?

4. the DA can't randomly charge you if YOU decide to bring charges against them. the DA can only prosecute on behalf of the office that he works for. so yes, you can sue them in civil court (i'm assuming this isn't a felony in michigan). you suing someone or someone suing you, and the DA (aka government) bringing charges against you are two different things.

5. were you actually arrested? i'm confused on this one. if so, what for?


6. what EXACTLY did the city attorney say that he was going to charge YOU with? them?

7. the answer is that IF you were arrested, then yes, you MUST disclose, regardless of the final outcome. that information goes into a database -- National Crime Information Center (accessed by federal entities-- military, fbi, cia, etc) and stays there forever. so while a future civvie employer wouldn't have access, the government does.

if YOU press charges against somone else, no, it won't show up unless you lose. legal judgments are public record, by the way, unless sealed by the court.

8. what exactly does your insurance policy say? if you can, send me a copy. you'd be surprised at the vagueness of the language-- i'll bet it's covered, but they're not going to just volunteer that to you.

 

[wink]

I won't address the incident in question, or suggest a course of action for 89-LX. In summery, I share shungg's thoughts. For anyone that cares, the original question was how any legal action will affect an application. Bottom line is that you would have to disclose any arrest or legal proceding. If you are found not guilty of a criminal complaint you are good to go. They don't care that you are arrested as long as you are not guilty. I was charge with a criminal violation after been accepted for OCS but before shipping out. Found guilty in a small town muni court, I appealed to the Superior Court where a "real" judge heard it and was found not guilty. That is all the Navy wanted. As to the civil suit, small claims or otherwise, you can not ship to OCS with any civil action outstanding. The case would have to be resolved before you go on active duty. And the Navy does not care whether you win or lose civil cases as long as you make good on any obligations arising out of the civil disposition.