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slickster · Jul 5, 2008, 10:44 PM

I am a victim of aggravated menacing in OH. Someone pulled a gun on me and threatened to shoot me. The whole thing was over a woman that I guess you could say we were fighting over. I'm pretty sure he had no real intention of shooting me. I have been in the "system" before and really wouldn't wish it on my worst enemy. I wish we could've settled it with a good old fashioned fist fight but unfortunately I would've ended up being the one in trouble. I still have legal bills from my trouble and wonder if there is any way I could strike a deal where I was paid for the incident in return I would not show up for court or do whatever it takes to get this man out of trouble. I do not want to break any laws but this would definitely be a great deal for both of us since I know having this charge will prevent him from getting many jobs in his trade (engineering). Any advice?

slickster · Jul 5, 2008, 11:32 PM

I'm not exactly saying that I want him to get away with it, I just wish there was a different punishment. Like paying me some money that I need really bad.

JudyKayTee · Jul 6, 2008, 08:36 AM

Originally Posted by slickster

I am a victim of aggravated menacing in OH. Someone pulled a gun on me and threatened to shoot me. The whole thing was over a woman that i guess you could say we were fighting over. I'm pretty sure he had no real intention of shooting me. I have been in the "system" before and really wouldn't wish it on my worst enemy. I wish we could've settled it with a good old fashioned fist fight but unfortunately I would've ended up being the one in trouble. I still have legal bills from my trouble and wonder if there is any way I could strike a deal where I was paid for the incident in return I would not show up for court or do whatever it takes to get this man out of trouble. I do not want to break any laws but this would definately be a great deal for both of us since I know having this charge will prevent him from getting many jobs in his trade (engineering). Any advice??

Before I would even attempt this I would consult with an Attorney - it certainly does happen (you pay the medical bills in exchange for dropped charges) but when it's simply a question of paying money for dropped charges I think you both could get into some serious trouble.

Fr_Chuck · Jul 6, 2008, 01:42 PM

Taking money not to tesify is a criminal offense and you could end up being charged with that. Also if you don't show up, they could even chanrge you with not showing up, or merely continue the case till they forced you to come and testify ( not likely but possible)

I don't believe it will even be possible, but you can discuss this with an attorney.

excon · Jul 8, 2008, 05:59 PM

Hello slick:

If you tell him that you won't testify in exchange for money, the cops call that a crime named extortion. I wouldn't do it.

excon

MGlass · Jul 31, 2008, 11:03 AM

The statute says: No person shall knowingly cause another to believe that the offender will cause serious physical harm to the person or property of the other person, the other person's unborn, or a member of the other person's immediate family.

If you did not feel that he was going to cause you harm than its not aggravated menacing. You have to feel threatened or believe you are in danger. Did you tell the cops or the prosecutor that you were "pretty sure" he wouldn't shoot you? At this point you probably can't make it all go away but if you really didn't feel threatened than you should tell the prosecutor that. If you don't want him prosecuted tell them the truth and the prosecutor might decide he/she doesn't have a case.

JudyKayTee · Jul 31, 2008, 11:28 AM

Originally Posted by MGlass

The statute says: No person shall knowingly cause another to believe that the offender will cause serious physical harm to the person or property of the other person, the other person's unborn, or a member of the other person's immediate family.

If you did not feel that he was going to cause you harm than its not aggravated menacing. You have to feel threatened or believe you are in danger. Did you tell the cops or the prosecutor that you were "pretty sure" he wouldn't shoot you? At this point you probably can't make it all go away but if you really didn't feel threatened than you should tell the prosecutor that. If you don't want him prosecuted tell them the truth and the prosecutor might decide he/she doesn't have a case.

I would assume OP said one thing at the time of the arrest and is saying something else now - note that OP would prefer money than having the violator put in jail.

I don't think the Prosecutor will allow the story to change now and OP could very well find himself/herself arrested for making a false statement.

MGlass · Jul 31, 2008, 11:41 AM

That's is true. I guess I gave this person more of a benefit of the doubt since my husband was a victim of this crime on 4th of July weekend. You are correct that he might be changing his tune in the hopes of getting money. I used to be a paralegal a public defenders office and I've seen many victims change their minds and destroy cases. I still think he should tell the prosecutor the truth even if he or she chooses to prosecute him for making a false statement... I guess I'm just one of those idealists that believe in telling the truth.

JudyKayTee · Jul 31, 2008, 11:48 AM

Originally Posted by MGlass

That's is true. I guess I gave this person more of a benefit of the doubt since my husband was a victim of this crime on 4th of July weekend. You are correct that he might be changing his tune in the hopes of getting money. I used to be a paralegal a a public defenders office and I've seen many victims change their minds and destroy cases. I still think he should tell the prosecutor the truth even if he or she chooses to prosecute him for making a false statement... I guess I'm just one of those idealists that believe in telling the truth.

I am in no way advocating that the OP NOT tell the truth. I am saying that I believe the OP initially did tell the truth and then the thought of a payoff or a change of heart occurred.

OP comes right out and says he/she would prefer the money -

Being an idealist has nothing to do with anything. I have never advocated lying to an Officer of the Court. Ever.

MGlass · Jul 31, 2008, 11:57 AM

Oh I didn't mean to imply that you were saying he should continue to lie. I apologize for giving you that impression. I was simply saying that I agree with you and that he should tell them the truth and face the consequences of his actions. The idealist comment is aimed at the fact that this man probably won't do what is right knowing that he could face prosecution; not at you. In my experience people in his position rarely do the right thing and by openly admitting he is only after money he appears to be the type of person that doesn't care about what is right. My colleagues call me an idealist because I believe that doing what is right is more important than protecting your own . In the world of public defenders we rarely find clients who care about what's right and it appears this man would fit right in with them.

MGlass · Jul 31, 2008, 12:05 PM

One more thing I differ with you on the change of heart. I don't think OP ever felt like he was in harms way. He couldn't fight so he told the cops what he needed to in order to have the man removed from the scene or to inflict some kind of twisted retribution on him. Now he is willing to admit that he really didn't feel like he was in harms way but in order to do so he wants money. In my opinion its an ego thing and he's still trying to get back at whoever was stupid enough to pull a gun on him, but then again I wasn't there and I do not know either of these men. Your assessment is probably closer to the truth than mine... only OP knows the truth.

slickster · Jul 31, 2008, 05:36 PM

I don't see how you have automaticaly jumped to the conclusion that I am lying. Looking back now I don't think he ever had intention of shooting me when he pulled out the gun but at the time I WAS afraid for my life. I was looking down the barrel of a .45! In my opinion he only used the gun to scare me which in fact he did. I don't have to lie to make this case stick. I also have two witnesses that are willing to testify. We have such a good case that the prosecutor won't plea down, he either has to plea straight up or go to trial and lose. I also believe that this person was trying to instigate a fight so that he could use his weapon in "self defense". The are two reasons I was contemplating this idea. The first is that I HATE the system. The second is that as I said this was over a woman. I have had allot of problems with her too and it sucks that he will never be able to get a job because of this incident. After more careful thought I have decided that he will deserve whatever he gets. As I said he tried to instigate a fight with me. If he would've succeeded then I may not be here right now. Ok OK I guess there is one more reason, I'm broke. A few thousand dollars would help me with the business I just started. Sending him to jail will really do nothing for me. By the way Mcglass I really do care about right and wrong. Contemplating this deal was just as much for the defendant as it was for me. Probably more since he will probably lose tens of thousands of dollars when he cannot get a job. This also surely wasn't because I cannot fight. In fact it is just the opposite, I have learned not to fight anymore because when I do people get seriously hurt. Then I'm the one in trouble no matter who started it.