Harassment, Stalking, Misconduct Disorderly Conduct Citation while on Probation?

[BCS0221]

I have been on probation for almost a year for a simple battery and I have exactly 3 weeks before probation is over. Today I was on a confrontation while driving, an angry driver (I cut him off ever so slightly and only because he sped up as I got in front of him) pulled up next to me at a stop light and frantically jumped out of his car and approached my window.

Being stuck at a red light with all my windows down and not wanting to get a sucker punch in the face while sitting there I exited my vehicle also. He was going nuts, in my face very aggressive, I yelled back at him telling him to just get back in his damn car and **** off basically. Upon saying this to him he gave me a shove and a right cross to the nose/mouth.

I am a fairly experienced boxer/martial artist, not the first time I have been punched in the face so after he hit me I defended myself and got the better of him. When the police arrived, instead of charging him with battery they charged both of us with disorderly conduct. The man ADMITTED to getting out of his car first and approaching my vehicle, ADMITTED to punching me first, and to top it off there was an independent witness who stated she also saw him sucker punch me.

How is this possible when he so obviously attacked me first and I simply defended myself? Also will this citation (I was not arrested) violate my probation? My court date is scheduled for March 20th which is after the end date of my probation on March 11th, will this still affect me? Also the police said nothing came up showing I was even on probation (it is in a different county but same state). I've never had any issues with probation or my officer, I've completed ALL probation requirements and paid all court costs and fees as well. Any advice greatly appreciated, just doesn't seem fair that this guy gets to go around sucker punching people in the face and I get a charge for defending myself.

 

[army judge]

How is this possible when he so obviously attacked me first and I simply defended myself?

You should discus this with your lawyer.
Don't rely on FREE advice or information received over the internet.
Its possible because FIGHTING IN PUBLIC disturbs the peace.
It is also known legally as "causing a public affray".

Here is some information on Florida's "public affray" statute.

http://statelaws.findlaw.com/florida-law/florida-disorderly-conduct-laws.html

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0870/0870.html

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Also will this citation (I was not arrested) violate my probation? My court date is scheduled for March 20th which is after the end date of my probation on March 11th, will this still affect me?

Yes, it could affect your probation.

You know the rules.

You are required to report EVERY police contact to your PO.

This was a police contact and you are facing a charge.

It probably won't be a big deal if you report it.

You also need to know your name (and other identifying details) will be run by the prosecutor's office.

The police may not have known, but I'm sure it'll all be known when you appear in court.

You might want to read this:

http://www.jacksonvillelawyer.pro/lawyer-attorney-1361605.html


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Also the police said nothing came up showing I was even on probation (it is in a different county but same state). I've never had any issues with probation or my officer, I've completed ALL probation requirements and paid all court costs and fees as well. Any advice greatly appreciated, just doesn't seem fair that this guy gets to go around sucker punching people in the face and I get a charge for defending myself.

You also want to know if a conviction on this matter, or even being charged jeopardizes your probation.

Finally, you need to know if you're on straight probation or deferred adjudication.

It makes a very big difference.

Florida law allows a Probationer to receive the maximum penalty, which the Probationer faced when the original criminal charge was filed if he or she gets revoked.

More reading material:

http://www.andrewdstine.com/blog/20...ation-and-probation-violation-defense-lawyer/

http://www.ejdirga.com/probation/probationfaqs.htm

https://www.flrules.org/gateway/ChapterHome.asp?Chapter=64B13-7

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[BCS0221]

Army Judge thank you for your informative response it is very appreciated. My concern is that there would have never been a "public affray" or fight in public if this guy would not have number one approached my vehicle in an aggressive manner, and number two, sucker punched me in the face when I had not laid a finger on him and even yelled at him to just get out of my face. Seems a bit unfair.

 

[BCS0221]

Also, the police DID know I was on probation because I willingly informed them...I wanted to be as upfront and honest as possible. It just didn't show up when they ran my name. The Sgt. on call also was pretty nice to me and offered to have my P.O. call him directly if I wanted him to give her the rundown of what happened. They also told me they would not be informing my P.O. themselves.

 

[disagreeable]

There would not have been a public affray if you had not driven aggressively, then after being stopped, not have gotten out of your car and had simply put up the windows and locked the doors.

 

[BCS0221]

Right I understand that, but we can't all be cowardly as you unfortunately. I never said I was driving aggressively I said I got in front of him and as I did he sped up... maybe you should have read my question thoroughly before responding. When someone runs up to my expensive new car that I have worked hard for years to acquire, the last thing I want to do is hide in my car while this guy potentially damages it, or tries to punch me thru the window before I had a chance to roll it up. At least if I'm on my feet I'm not a sitting duck and can defend myself. HE was the aggressor, HE was the one to initiate a physical confrontation rather then leaving it at a verbal disagreement. Come drive in South Florida and then come talk to me about "aggressive driving". But it's my fault, right? You make a lot of sense. Obviously you are on here to try and scold people rather than offer constructive advice.

 

[KatDini]

I have been on probation for almost a year for a simple battery and I have exactly 3 weeks before probation is over. Today I was on a confrontation while driving, an angry driver (I cut him off ever so slightly and only because he sped up as I got in front of him) pulled up next to me at a stop light and frantically jumped out of his car and approached my window.

Being stuck at a red light with all my windows down and not wanting to get a sucker punch in the face while sitting there I exited my vehicle also. He was going nuts, in my face very aggressive, I yelled back at him telling him to just get back in his damn car and **** off basically. Upon saying this to him he gave me a shove and a right cross to the nose/mouth.

I am a fairly experienced boxer/martial artist, not the first time I have been punched in the face so after he hit me I defended myself and got the better of him. When the police arrived, instead of charging him with battery they charged both of us with disorderly conduct. The man ADMITTED to getting out of his car first and approaching my vehicle, ADMITTED to punching me first, and to top it off there was an independent witness who stated she also saw him sucker punch me.

How is this possible when he so obviously attacked me first and I simply defended myself? Also will this citation (I was not arrested) violate my probation? My court date is scheduled for March 20th which is after the end date of my probation on March 11th, will this still affect me? Also the police said nothing came up showing I was even on probation (it is in a different county but same state). I've never had any issues with probation or my officer, I've completed ALL probation requirements and paid all court costs and fees as well. Any advice greatly appreciated, just doesn't seem fair that this guy gets to go around sucker punching people in the face and I get a charge for defending myself.

Right I understand that, but we can't all be cowardly as you unfortunately. I never said I was driving aggressively I said I got in front of him and as I did he sped up... maybe you should have read my question thoroughly before responding. When someone runs up to my expensive new car that I have worked hard for years to acquire, the last thing I want to do is hide in my car while this guy potentially damages it, or tries to punch me thru the window before I had a chance to roll it up. At least if I'm on my feet I'm not a sitting duck and can defend myself. HE was the aggressor, HE was the one to initiate a physical confrontation rather then leaving it at a verbal disagreement. Come drive in South Florida and then come talk to me about "aggressive driving". But it's my fault, right? You make a lot of sense. Obviously you are on here to try and scold people rather than offer constructive advice.

Yes, you were driving aggressively. Yes, you could have avoided the confrontation.

But do, carry on. Let us know how that turns out for you.

 

[BCS0221]

Oh that's right, because you were there right you moron?? What is it with you people? If you have no constructive advice why even respond just to try and upset someone you asshat? Get a life you loser, seriously.

 

[KatDini]

Oh that's right, because you were there right you moron?? What is it with you people? If you have no constructive advice why even respond just to try and upset someone you asshat? Get a life you loser, seriously.

You seem to have anger issues. Ever thought about getting counseling for those anger issues?

 

[BCS0221]

You seem to have a myriad of other issues. It seems you are looking for some type of outlet for your own insecurities. Does it make you feel better about yourself to provoke, or harass people who are simply looking for some help and advice? It also seems as if you have some anger issues as well, however passive aggressive they may be. Ever thought about getting a life..? How sad that the highlight of your day is going onto a forum simply to talk sh*t to people. Boyzgrrl...it also sounds as if you may have some confusion regarding your sexuality...have you ever thought about talking to a professional? By professional I mean surgeon, someone who can assist you thru your transgender process. Are you overweight, poor, ugly, uneducated, or all of the above? See, normal people get annoyed when douchebags like yourself intentionally go out of their way to be an ass...who really needs the counseling here guy, or girl, or both who knows lol. Run along to your miserable life now okay?

 

[Betty3]

BCS0221, your language in post #8 & 10 was uncalled for. You don't talk to our responders that way.

If not already done, be sure your PO is informed of this "confrontation".

 

[army judge]

Army Judge thank you for your informative response it is very appreciated. My concern is that there would have never been a "public affray" or fight in public if this guy would not have number one approached my vehicle in an aggressive manner, and number two, sucker punched me in the face when I had not laid a finger on him and even yelled at him to just get out of my face. Seems a bit unfair.

BCS, disturbing the peace can't be excused, or as your state calls it, "public affray".

You see, BCS, your actions need only cause alarm and panic among the general public.

You've watched football, two guys go at it, the last dude to respond draws the flag.

Back in 3rd grade, both kids got sent home, as self defense isn't tolerated.

You can make the self defense argument at trial, but it rarely works on the street with the police.

The police tagged you both, we're sympathetic to your cause, but it'll get sorted in court.

I don't see self defense here, just an unpleasant dispute.

However, your state (as does mine) offers some ability to argue self defense.

I suggest you appear in court as instructed, plead not guilty, make no further statements about this matter, hire a lawyer, or ask the court to appoint one to represent you (if your finances don't allow you to hire one).

Then you wait, stay out of all trouble, and discuss this with your lawyer.

Good luck.