Alcohol & Drugs: MIP, MIC, Intoxication Self Represantation Help

Status
Not open for further replies.
N

neo1

New Member
Hello, I have decided to represent myself on 2 charges of simple assault and one of threatening death. Two questions, will i be able to call witnesses and personally ask them questions on the stand? also, I was offered a conditional discharge, how much harsher would the punishment be f i l ost the trial? Ive never had a previous conviction

Thanks for any feedback.
 
Yes, you may call witnesses.

On the punishment thing, ask the prosecutor.
 
Sound like I have a case?

Hello, I have decided to represent myself on 2 charges of simple assault and one of threatening death. I was in a movie theater and under the influence of alcohol, i was making a disturbance (being really loud) and two Managers physically removed me from the theater after i refused to leave. They weren't security guards or police. They then told me im under arrest for "causing a scene" and then the charges took place at the lobby shortly after and was held down until police arrived. This is verified in One of their statements to police but one of the other managers statements says they "convinced me out of the theater." Sound like I have a case? Did they have a right to physically remove me? shouldn't they have called proper authorities when i initially refused to leave instead of taking it into there own hands? did i have a right to try and get them off of me after i was under arrest by the managers?

Thanks for any feedback
 
Do I have a case?

Hello, I made a similar post somewhere else but i think it was in the wrong place, this one seems correct.

Hello, I have decided to represent myself on 2 charges of simple assault and one of threatening death. I was in a movie theater and under the influence of alcohol, i was making a disturbance (being really loud) and two Managers physically removed me from the theater after i refused to leave. They weren't security guards or police. They then told me im under arrest for "causing a scene" and then the charges took place at the lobby shortly after and was held down until police arrived. This is verified in One of their statements to police but one of the other managers statements says they "convinced me out of the theater." Sound like I have a case? Did they have a right to physically remove me? shouldn't they have called proper authorities when i initially refused to leave instead of taking it into there own hands? did i have a right to try and get them off of me after i was under arrest by the managers?

Thanks for any feedback
 
I've read both your posts. . .

I'm curious about this "threatening death" thing. Could you please explain what happened with that one?

In general I"m against citizen's arrest in the case of misdemeanors, they should only be done in the case of felonies (In my opinion). Not to say they shouldn't call the police in the case of misdemeanors, they should, just they shouldn't pull the citizen's arrest as there is so much increased liklihood of violence and such.

Representing yourself will be pretty hard. Do you have a law library near you that you can use, or access to Lexis/Nexis or Westlaw (or Loislaw and some others I've never used). . .
 
neo1...stop posting new threads.
 
raskalnikov said:
I've read both your posts. . .

I'm curious about this "threatening death" thing. Could you please explain what happened with that one?

In general I"m against citizen's arrest in the case of misdemeanors, they should only be done in the case of felonies (In my opinion). Not to say they shouldn't call the police in the case of misdemeanors, they should, just they shouldn't pull the citizen's arrest as there is so much increased liklihood of violence and such.

Representing yourself will be pretty hard. Do you have a law library near you that you can use, or access to Lexis/Nexis or Westlaw (or Loislaw and some others I've never used). . .
Click to expand...

Hi, i when they had me on the ground i had apparantly said" if you dont let me go im going to kill you"
 
ive written this up so far. blank, blank1 are victims/witnesses blank 2 is just a witness without a report

Before any of the alleged assaults and threats had taken place the illegal arrest by blank blank was made well after blank had physically removed me from the theatre. Upon refusal to leave my seat blank physically removed me by my shirt and forcibly removed me from the theatre which he states in his statement quote "again he refused so I had to pull him by his shirt" and then quotes "I had to grab him and forcibly remove him." blank also stated that halfway down the escalator is when he decided to tell me I am quote "under arrest for causing a scene". Before blank made any attempt in physically apprehending me for an arrest, proper authorities should have been contacted in order to remove me from the premises. For simply quote "causing a scene" is no reason for an arrest and apprehension by a non authority especially without knowing the exact circumstances of the disturbance. Because he did not state that I was under arrest until much later it appeared that I was just physically being removed from the premises which again, proper authorities should have been contacted to do so. According to their statements at no time was I being physical with the alleged victims or with anyone but only when I was physically in their hands and being removed and arrested unlawfully. Furthermore both blank and blank1 statements to the police have contradictions concerning the alleged events that took place.

blank statement to police states that quote "we convinced him to leave the theatre." This is after I had initially refused to leave where the movie was being played in my seat. In blank1 statement to police he says quote "I then asked him again and he refused so I had to pull him by his shirt" and then quote "I had to grab him and forcibly remove him." In Gills statement to the police states no physical apprehension to get me out of the theatre until after the arrest, only that they convinced me.

In the statement to police by blank stated another manager had threats made against him. Clearly a statement from him by police should have been made for he was in front of me in the escalator and a witness. Quote "Another manager was standing in front of him (blank 2) and he started threatening him, that's when I grabbed him by his hand" This is on the escalator and after I was already under arrest and in blank's custody.
 
according to thier statements i was only being physical after i had been arrested for "causing a scene"

thanks for the replies, theres a law school at my university
 
I'm confused why they didn't arrest you for drunk and disorderly conduct. They didn't breathalyze you or test you for drugs? Odd.

How did you "assault" them?

It definately seems like you can make an argument against the 3 charges against you. I'm curious as to what the police report says.

Sorry, but I had a hard time following the summary.

There are probably others here that can come up with better advice than I can on this matter, however, I sure as hell would fight the charges.
 
raskalnikov said:
Oh, I forgot, what State are you in?
Click to expand...

im in Canada, the arrests im talking about here were made by the managers, sorry it sounded confusing, the police were called and came later while i was being held down. that long thing i wrote is sort of a defense saying the managers had no right to arrest me. all the blank names in the statment were managers... not cops
 
YOU'RE IN CANADA?

Heh heh.

That probably renders any specific legal advice I'd have as somewhat useless, wheras some of the logic might be sound.
 
I have decided to represent myself on 2 charges of simple assault and one of threatening death.
Click to expand...
Do this and you have a fool for an attorney

The court system is a minefield

Seek legal representation
 
i agree with Weber on this one i recently represented myself and got a plea now the have called me back to court. So always get a lawyer or public defender then you know its done right
 
Status
Not open for further replies.

Share this page

Get a free case review from a lawyer
Back
Top