Ask Me Help Desk - Is this jail time

Is this jail time

What is going to happen to me I when I go to court for aggravated menacing? I don’t have a record nor been in trouble with the law before. All I was doing was trying to protect my son from possible getting jumped and hurt! The guy was walking up behind my son very quickly so I asked the gentlemen what he was doing, because I he was also looking through car windows too.. He claimed he was doing laps around the parking lot because he has a bad heart. Well, that’s kind of hard for me to believe seeing it was night time. I got scared a reacted like a father would, and told him not to follow my son around or there was going to be trouble. The guy proceeded to go into McDonalds where my other son works, so my son (his other brother and I) followed him into McDonalds to make sure to let my son that was working there at the time to be careful walking home. After that we went back walked back home and the North Royalton police dept came and treated us very unfairly. After asking us both if we had a knife and we said no they proceeded to handcuff me in from of my family like I was a hard core criminal. Went through my families van like we had a weapon or something and threw stuff all around. They told me they were handcuffing me for their safety even after they knew we had no weapon. I am crippled and told him that, and he still proceeded to hand cuff my hand too hard, and now it hurts very bad. He had no reason to do that, I am sure there were enough police cars there to handle the little situation. Not to add without even asking me questions he threw me against the car like a rag doll. My family feels like the North Royalton police dept are very prejudice and it stands out like a sore thumb. We will not get treated like this anymore because of our nationality. After all was said and done, we called the police dept to send a nice cop over to complain on how we were treated and they just sent the same ones back that started this entire ordeal. So since we made a call to complain about them, they took it offensive and gave us/me a citation to show up in court, He said he had three witnesses that say we threatened him with a knife or gun, and we don’t own and weapons. All this for trying to protect my son, we are so confused on how the law changed. There are killers and drug dealers out there breaking the law, along with serial killers, and they are treating us like this for trying to protect our son. They didn’t even bother to hear our story at all, nor believe us at all! I didn’t even touch the guy…..

I don't see jail time - I see perhaps probation, perhaps dismissal if you stay out of trouble for a certain period, I see a fine.

Of course, if you have witnesses that you did not threaten or harass the person, then you will simply walk away from this.

I question your judgment in following the person into McDonald's but you didn't ask that.

The only reason that I walked into mcdonalds is because I was mad. Just like most other parents would be trying to protect there kid. To be honest with you I had so much anger in me I don't even remember what I said. I surely didn't touch him though.

Quote:

Originally Posted by mbbc

The only reason that I walked into mcdonalds is because I was mad. Just like most other parents would be trying to protect there kid. To be honest with you I had so much anger in me I don't even remember what I said. I surely didn't touch him though.

I'm sorry - I have plenty of experience in the criminal law field. Most parents DON'T walk into a local McDonald's, following a person they just confronted with so much anger that they don't remember what they said - maybe they cool off and call McDonald's and speak to the Manager - or the child. Maybe they call the POLICE when they see suspicious activity. Very few are so angry that they don't "even remember" what they said and they say without a doubt that they did not touch the other person, not that "surely" they didn't touch him.

As soon as a person justifies his/her behavior as what "most" people would have done - they are on the losing end of things.

I see you in the wrong here. Please post the outcome of your arrest so that "we" all can learn from your experience.

I do not think that you understand, I didn't get arrested. They just gave me a citation. And that was only because I called the police dept to make a complaint about them and how they treated me. I bet if I didn't call the police dept they would have never came back to give me a citation... They did it out of anger, but its not like I can prove that because I am screwed either way.

Why don't you call a laywer?

There is no way that I would go through this without representation.

I am going to get a lawer. I just was looking for some oppions on my situation. Sorry for asking, I oppologize!

First if they did not do anything until you called to complain that is your first good evidence, you need an attorney, if you show up without an attorney who knows you could end up in jail.

If you get a good attorney and are telling us the truth, you will walk out free

Quote:

Originally Posted by mbbc

I am going to get a lawer. I just was looking for some oppions on my situation. Sorry for asking, I oppologize!

Don't apologize, just get a lawyer.

Quote:

Originally Posted by mbbc

I do not think that you understand, I didn't get arrested. They just gave me a citation. And that was only because I called the police dept to make a complaint about them and how they treated me. I bet if I didn't call the police dept they would have never came back to give me a citation....They did it out of anger, but its not like I can prove that because I am screwed either way.

A Citation IS a ticket which is a form of arrest. It requires you to appear in Court. The Police "assume" you are going to show up and the charge is not all that serious and so they don't cart you off in handcuffs.

There is always a misunderstanding about tickets and citations - the Police COULD have arrested you, dragged you off, required you to make bail (or be released on your own recognizance) but chose not to do so.

You HAVE been charged.

Only you know whether you are/were "screwed." As I said - there MUST be witnesses (employees of McDonald's), so bring them to Court with you and have them testify on your behalf.

Hello m:

Yeah, cops suck. You can't win against them, though. You can only lose, as you have found out...

As has been stated, you violated the law when you followed him...

Do you watch football? Every time there's a fight on the field, the referees only see the SECOND strike, and THAT guy gets punished. They never see the FIRST offense.

Hire a lawyer. Don't TALK to the cops.

excon

I do have a couplw witnesses from mcdonalds, 4. They have 2. But for some odd reason one of there witnesses that was against me from what I understand signed a statemnet on my behalf too, figure that one out?? Would it be bad to just go in and plead no conest to ge this over with once and for all? Or is that a bad thing?

Hello again, m:

If you're guilty, plead that way. If not, don't. A criminal record will haunt you the rest of your life. You NEVER get over that.

excon

Quote:

Originally Posted by mbbc

I do have a couplw witnesses from mcdonalds, 4. They have 2. But for some odd reason one of there witnesses that was against me from what I understand signed a statemnet on my behalf too, figure that one out???? Would it be bad to just go in and plead no conest to ge this over with once and for all? or is that a bad thing?

Unless you have read the statements and evaluated them I wouldn't assume any one is either for or against you.

I agree with Excon - why would you plead no contest if you did not commit a crime? That will stay on your record forever and if the other party decides to sue you that no contest could cost you a lot of money.

Not guilty, thank you for the reply.