First allow me to say Thank you for any advice and/or help anyone may be able to offer. Then an apology in case this topic should have been posted elsewhere.
(The arrest(s) happen around the end of July if I recall correctly)
On Nov 7th I took the courts recommendation and the advice of my public defender to enter a plea of guilty on Disorderly Conduct (Magistrate). I was sentence to 6 months probation, 200.00 fine plus court cost, and must attend a conflict resolution course since the arrest was flagged for domestic violence.
My wife was also arrested and charged with cruelty to children (3rd) who also had the same magistrate court date and plead guilty to a lesser charge of Disorderly conduct with the same sentence as me.
For clarification my wife would never intentionally endanger our child nor did she then. Me and my wife were going through a tough time, I had lost my job and tucked my tail between my legs and moved back in with my mother. She chose to move back in with her grandmother until we got back on our feet. She came down to visit and everything was fine but at the house we have a small dog that is very skedish around my 2yr old. Well my daughter tried to catch our dog and she growled and snapped at our child and my wife "lost" it. Saying she was going to kill the dog or call the pound to have it put down and things of the nature (all out of fury knowing she would have never done any such of thing.) and wanted to leave with our child to go back to her grandmother's and I would not allow her to leave with the child while she was enraged. I took the keys and said she could call someone to come get her but you are not leaving like this. and she walked to the neighbors and towards the store and eventually came back. When she came back let's just say my car took the blunt of it hehe. Well when she was releasing hostillity on our car she tried to "lob" a rock at it and my daughter had came out on the porch. I took my daughtrer back into the house and called the 911 requesting an officer to come out and defuse the situation. When the officers arrived I came back outside ending the call to dispatch and one of the officers walked up to my getting details from me while the other officer continued to speak with her. As I was giving details the officer that was in talks with my wife spoke out and told me to go get the child I turned to the officer and asked him "Get her now or finish with you?" The other officer shouted at me then to "get the child now!" Which I promptly did. Upon bringing out the child to show that she did get a very small scratch and possibly a nip but nothing of any emergency. While I was holding the child the officer began to outright belittle me. Anything that I said seemed to be met with conflict. I asked the officer if there was anyway I could continue to give my statement to the original officer I was speaking with since we seemed to be having conflict and he quickly pointed his finger in my face and told me "NO!" So I asked if I cant speak with him and me and you are like flint and steal if I could request a supervising officer. (And I said this CALMLY my entire conversation was calm.) I guess he took offense to what I had said and again while I am holding my child he began get his finger within inches of my face shouting that he is not my momma or my wife and that he will ask whatever he wants and I had better answer. I said man this just ain't happening and that I can not speak with you like this. My wife even stepped up and took the child because of the way the officer was acting towards me. He grabbed my shoulder and handcuffed me saying he was charging me with D.C.
DFCS was called due to nature of the call and that was just an ugly situation and uncalled for. then the charged my wife with the cruelty to children cause we were arguing infront of the child and that she placed the child endanger when she threw the rock. Which the rock NEVER came close to me or the child.
(Forgive me for being long winded about all of this)
After the reduction of my wife's sentence to the lesser charge of disordely conduct and how sweet they made the deal sound she knew that she would have a hard time trying to prove she was handled everything in an orderly manner.
I took the plea deal as well due to how hard it is to get out of the disorderly conduct even though to this date I still feel that I was not in the wrong and that the officer was at fault and if arguing in front of a child is considered Cruelty to Children in the Third Degree then the officer should be held for the same charge for the way he acted and spoke out towards me while my child was in hand.
Now to my probation concern. My probation office is located 63 miles away from house and the county inwhich I was charged. She comes into town once a week for 2 hours for reporting. I was unable to meet my intake date of December 4th and attempted to reschedule (I was starting a blessing of a new job on the same date) NONE of my calls were ever returned. My wife however was able to make her appointment and the lady was EXTREMELY RUDE in the way she handled everything. When my wife approached her to ask her where she needed to go and to explain my situation. The PO placed her hand up and told my wife not to talk to her. During intake my wife explained to her then about my situation and the lady became a bit irate and saying how she could throw me back in jail ect.... but agreed to reschedule and that I needed to contact her office the very next morning, which I did and was forced to leave a message. My wife attempted to call back as well on my behalf and the secretary started out being nice about it then checked how I did not attend my 1st appointment and said started telling my wife how I did not understand the gravity of the situation.. and even called my wife a b_tch and they dont extend favors to people that dont hold appointments. and hung up on my wife. My wife called back and the PO told her not to call this office again and hung up the phone. That is when I started considering pulling my plea so I went to the public defender's office and spoke with the Asst. public defender and she told me how all of that was uncalled for and was going to try to find out information on my PO and that I should not hesitate in filling a complaint and this behavior. She also told me that it may be a bad idea to pull my plea cause it gets bound over to superior court and the minimum probation is 12 months with 500 in fines and that it may be difficult to prove I was not disorderly. And that she would call the PO on my behalf and that I should call as well and be there on her next reporting date (next tuesday).
I went home and called the PO and I was met with a lot of hostility (by secretary) and how the way my wife acted when she called. I said I am not calling you to discuss what was said to my wife and that it's now being handled. She snapped back with YES we are going to talk about because I just did. Then my PO got on the and told me that she would reschedule and for me to be at her office (63miles away) on the following monday and that she will not allow me to meet her at her normal reporting location at the court house in town. and if I 1 min late she would fax over the warrant and have me picked up for violation. She REFUSED to give me directions or even repeat the address and even when I said I was confused I started getting upset she told me not toeven attempt to say another word while she was talking. I said hold on she said something ill and hung up the phone.
I feel this behavior and treatment is outside the parameters of what seems acceptable. And I understand that many complaint may just get swept under the carpet and ignored. But if I don't file a complaint it's almost certain nothing will ever be addressed and others will be bullied by the same PO.
My questions are would it be advisable for me to attempt withdrawing my plea and where should complaints be filed?
STATE: GA
COUNTY: Newton
PO: Georgia Corrections (Private office and not any part of gvnt Georgia Department of Correction)
Again sorry for being long winded on questions that may seem trivial. Telling my story lie this actually made me feel a little bit better.
and
Again THANK YOU
M.A
(The arrest(s) happen around the end of July if I recall correctly)
On Nov 7th I took the courts recommendation and the advice of my public defender to enter a plea of guilty on Disorderly Conduct (Magistrate). I was sentence to 6 months probation, 200.00 fine plus court cost, and must attend a conflict resolution course since the arrest was flagged for domestic violence.
My wife was also arrested and charged with cruelty to children (3rd) who also had the same magistrate court date and plead guilty to a lesser charge of Disorderly conduct with the same sentence as me.
For clarification my wife would never intentionally endanger our child nor did she then. Me and my wife were going through a tough time, I had lost my job and tucked my tail between my legs and moved back in with my mother. She chose to move back in with her grandmother until we got back on our feet. She came down to visit and everything was fine but at the house we have a small dog that is very skedish around my 2yr old. Well my daughter tried to catch our dog and she growled and snapped at our child and my wife "lost" it. Saying she was going to kill the dog or call the pound to have it put down and things of the nature (all out of fury knowing she would have never done any such of thing.) and wanted to leave with our child to go back to her grandmother's and I would not allow her to leave with the child while she was enraged. I took the keys and said she could call someone to come get her but you are not leaving like this. and she walked to the neighbors and towards the store and eventually came back. When she came back let's just say my car took the blunt of it hehe. Well when she was releasing hostillity on our car she tried to "lob" a rock at it and my daughter had came out on the porch. I took my daughtrer back into the house and called the 911 requesting an officer to come out and defuse the situation. When the officers arrived I came back outside ending the call to dispatch and one of the officers walked up to my getting details from me while the other officer continued to speak with her. As I was giving details the officer that was in talks with my wife spoke out and told me to go get the child I turned to the officer and asked him "Get her now or finish with you?" The other officer shouted at me then to "get the child now!" Which I promptly did. Upon bringing out the child to show that she did get a very small scratch and possibly a nip but nothing of any emergency. While I was holding the child the officer began to outright belittle me. Anything that I said seemed to be met with conflict. I asked the officer if there was anyway I could continue to give my statement to the original officer I was speaking with since we seemed to be having conflict and he quickly pointed his finger in my face and told me "NO!" So I asked if I cant speak with him and me and you are like flint and steal if I could request a supervising officer. (And I said this CALMLY my entire conversation was calm.) I guess he took offense to what I had said and again while I am holding my child he began get his finger within inches of my face shouting that he is not my momma or my wife and that he will ask whatever he wants and I had better answer. I said man this just ain't happening and that I can not speak with you like this. My wife even stepped up and took the child because of the way the officer was acting towards me. He grabbed my shoulder and handcuffed me saying he was charging me with D.C.
DFCS was called due to nature of the call and that was just an ugly situation and uncalled for. then the charged my wife with the cruelty to children cause we were arguing infront of the child and that she placed the child endanger when she threw the rock. Which the rock NEVER came close to me or the child.
(Forgive me for being long winded about all of this)
After the reduction of my wife's sentence to the lesser charge of disordely conduct and how sweet they made the deal sound she knew that she would have a hard time trying to prove she was handled everything in an orderly manner.
I took the plea deal as well due to how hard it is to get out of the disorderly conduct even though to this date I still feel that I was not in the wrong and that the officer was at fault and if arguing in front of a child is considered Cruelty to Children in the Third Degree then the officer should be held for the same charge for the way he acted and spoke out towards me while my child was in hand.
Now to my probation concern. My probation office is located 63 miles away from house and the county inwhich I was charged. She comes into town once a week for 2 hours for reporting. I was unable to meet my intake date of December 4th and attempted to reschedule (I was starting a blessing of a new job on the same date) NONE of my calls were ever returned. My wife however was able to make her appointment and the lady was EXTREMELY RUDE in the way she handled everything. When my wife approached her to ask her where she needed to go and to explain my situation. The PO placed her hand up and told my wife not to talk to her. During intake my wife explained to her then about my situation and the lady became a bit irate and saying how she could throw me back in jail ect.... but agreed to reschedule and that I needed to contact her office the very next morning, which I did and was forced to leave a message. My wife attempted to call back as well on my behalf and the secretary started out being nice about it then checked how I did not attend my 1st appointment and said started telling my wife how I did not understand the gravity of the situation.. and even called my wife a b_tch and they dont extend favors to people that dont hold appointments. and hung up on my wife. My wife called back and the PO told her not to call this office again and hung up the phone. That is when I started considering pulling my plea so I went to the public defender's office and spoke with the Asst. public defender and she told me how all of that was uncalled for and was going to try to find out information on my PO and that I should not hesitate in filling a complaint and this behavior. She also told me that it may be a bad idea to pull my plea cause it gets bound over to superior court and the minimum probation is 12 months with 500 in fines and that it may be difficult to prove I was not disorderly. And that she would call the PO on my behalf and that I should call as well and be there on her next reporting date (next tuesday).
I went home and called the PO and I was met with a lot of hostility (by secretary) and how the way my wife acted when she called. I said I am not calling you to discuss what was said to my wife and that it's now being handled. She snapped back with YES we are going to talk about because I just did. Then my PO got on the and told me that she would reschedule and for me to be at her office (63miles away) on the following monday and that she will not allow me to meet her at her normal reporting location at the court house in town. and if I 1 min late she would fax over the warrant and have me picked up for violation. She REFUSED to give me directions or even repeat the address and even when I said I was confused I started getting upset she told me not toeven attempt to say another word while she was talking. I said hold on she said something ill and hung up the phone.
I feel this behavior and treatment is outside the parameters of what seems acceptable. And I understand that many complaint may just get swept under the carpet and ignored. But if I don't file a complaint it's almost certain nothing will ever be addressed and others will be bullied by the same PO.
My questions are would it be advisable for me to attempt withdrawing my plea and where should complaints be filed?
STATE: GA
COUNTY: Newton
PO: Georgia Corrections (Private office and not any part of gvnt Georgia Department of Correction)
Again sorry for being long winded on questions that may seem trivial. Telling my story lie this actually made me feel a little bit better.
and
Again THANK YOU
M.A
