Arrest, Search, Seizure, Warrant College Student: Resisting Arrest

Status
Not open for further replies.

Collegestudent

New Member
September of 2008 I was convicted of Assault-3, Disorderly Conduct, Resisting Arrest and Obstruction Government Administration 2 at about 1 am on a Saturday morning. I am a college student and I am currently 20 years old; I was 19 at the time. I decided to go out on a Friday evening and got extremely intoxicated in which I blacked out and I cannot remember anything that happened that night. Supposedly I was walking in the middle of the road and officers asked me to get out of the road in which I would not. They asked me a second time and I did not. I would not give them identification, nor my name. The officers stated that I "moved" my head back to resist arrest and I "twisted" my body which lead to myself and a officer falling to the ground. I went to court THE SAME NIGHT and the judge sent me to jail with a $500 bail. I got bailed out the next morning.
I hired my first initial lawyer and the DA and ADA made an offer to drop all the charges except the Resisting Arrest. I clearly was not satisfied with the offer. The court got adjourned 2 times with no other results.
I hired another local lawyer. Through this time I went to two counseling services, one on campus and one off. I also brought into the case that when I was younger I had anxiety problems and I was prescribed to Lexapro. We adjourned the case another 2 times and came to the conclusion with the judge that trial is going to have to take place. My second lawyer stepped down and said he was not interested in taking the case to trial and we would have to seek different representation. We presented this to the judge and he said not to jump to that conclusion yet and take the summer off. This was in May of last year.
We returned in September to court and nothing got resolved. The original DA got fired and there is a new DA. The new DA is not willing to change the deal and is sticking to the original plea to the Resisting Arrest. My attorney and I adjourned the court again and my next date was when I would have to have a trial counsel and my new representation.
The next date was this month December 2nd. I went without representation and told the judge I have not acquired further representation yet. This has been adjourned to March in which I need to have representation chosen and decide if I went a bench or jury trial. I have just acquired my third attorney the past week. We have until March.
I have new record what so ever. I was extremely intoxicated and this was completely out of my character. I am a very good student and I am involved in extreme amounts of community service. I am aware that when this goes to trial all of the charges will get brought back into the case. But, being a junior I feel like this is a risk I should take for my future. We have gone to far to accept a misdeamenor. It is now December 18,2009 and this happened September of 2008. I think this has been going on way too long.
ANY ADVICE?!
 
Your student status is completely irrelevant as well is your inability to remember anything.
In fact, your inability to remember anything is strong evidence against you... you essentially have no defense. I can't imagine why you would want to go to trial.
You were illegally intoxicated underage, unable to care for your self or others, and you apparently did resist the officer when he tried to take you into custody... why would you want a jury to hear all that?

Advice... do your best to get the pleas changed to drunk/disorderly conduct. So long as there was no injury to the officer and it wasn't any more serious than how you describe it, they may go for it. You are going to get nailed if you go to trial, and that should have been clear to you when the first attorney bailed out.

You have gone too far to accept a misdemeanor?? What in the world do you expect to get? Your choices are to plea to a single misdemeanor, or go to trial and be convicted of multiple misdemeanors.
 
You better take the deal. Real simply you are guilty of several crimes and the DA is trying to work with you. You are being stubborn as if everyone is going to wake up one day and start treating you like a little kid again and say, Oh that's ok little boy, you really aren't responsible for your actions since you were plastered out of your mind!

First, you are under age to be drinking.

Secondly, I don't buy that getting plastered "isn't in your character."

Third, you are responsible for what you do when you are DRUNK.

Fourth, what do you think is going to happen when you go to trial? They are going to find you guilty of all charges.

Lastly, you are just going to have to bite having a record if their is not a first offender program that will expunge the charge after your sentence.

It won't kill you, you have just learned a life lesson. Actions have consequences that you don't get out of by simply whining.

Good luck, TAKE THE PLEA.
 
Anything MIGHT effect a potential future job, but without knowing the employer it is impossible to say if it will.
 
It would depend on the nature of the job, but typically, a misdemeanor offense is going to hurt you that much. If you try to get a job and the employer asks questions about criminal background... so long as you are honest about it you will usually come out ok. If you make excuses for it or try to cover it up then they obviously won't trust you.

You WILL get hosed in a trial. Do what you can to reduce the charges... you just might get lucky at this point and get them to agree to drunk/disorderly conduct.
 
Yes it can, and yes it probably will. First that is something you need to think about BEFORE you get plastered and rowdy. Thinking about the consequences of your actions AFTER you do them is a hazard of being young. I was there too once.

It isn't the end of the world. I would try to get into a diversion program that will not harm your record. But if you are not careful you are really going to screw up by thinking you can get out of this all together. You can't, you are going to have some pain out of this. Grit your teeth and get through it. Don't act so irresponsibly again and in a couple years you won't even know you did it.
 
Status
Not open for further replies.
Back
Top