Disorderly Conduct Charge for Giving Officers the Finger

It sounds like they have an empty threat to prosecute then, since we already know the charge is bogus.

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Quoting jk

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I know what they are doing:

they have simply deferred prosecution for the 6 month period. The charges are "pending" and there is an agreement they will not be prosecuted for 6 months. If you remain clean within that 6 months, the charges will be dropped.

You shall live under the threat of the charges being prosecuted for that time.


Still not seeing why your lawyer did not argue to have the charges dropped given the feds position on the matter. Seems like it would be pretty simple to argue they are not valid based on your description and the feds ruling.

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That's what I've been trying to tell y'all. Lol


And like I said earlier, me and my lawyer never got to talk for more that 2 minutes at a time, so I never got to tell him about other cases or even that this was a constitutional matter and not really about if I broke the local law or not.

I honestly could've done better repping myself but when I contacted the prosecutor he wouldn't talk to me so I thought it would be better to get a local lawyer who knew the judge and prosecutor personally instead of going into court blind.

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Quoting Disagreeable

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It sounds like they have an empty threat to prosecute then, since we already know the charge is bogus.

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Exactly

Trying to get me to be a great citizen for 6 months

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Quoting jkl1234

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Exactly

Trying to get me to be a great citizen for 6 months

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But none the less, there is a threat of prosecution hanging over your head for the next 6 months. The charges will also show up on your record, at least until they are discharged. What shows up after that depend on exactly what they are doing with the charges upon completion of your "be a good boy" period.

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Quoting jk

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But none the less, there is a threat of prosecution hanging over your head for the next 6 months. The charges will also show up on your record, at least until they are discharged. What shows up after that depend on exactly what they are doing with the charges upon completion of your "be a good boy" period.

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Yeah I get that

Now what about my questions about my possible lawsuit? And my new question. I can't file a lawsuit until the 6 months are up and the charges are dropped?

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Quoting jkl1234

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Yeah I get that

Now what about my questions about my possible lawsuit? And my new question. I can't file a lawsuit until the 6 months are up and the charges are dropped?

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You simply cannot fulfill the elements of a 42 U.S.C. 1983 lawsuit until the charges are decided in your favor. Same for false arrest. You may have to file a claim within a fairly short time (often six months) to get the right to sue eventually under your state's tort claims act. Since you have zero chance to prosecute a civil rights claim on your own, you need to get an attorney now. If you cannot find one who will take your case on contingency, then you must accept that you will not be compensated.

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Quoting jkl1234

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Yeah I get that

Now what about my questions about my possible lawsuit? And my new question. I can't file a lawsuit until the 6 months are up and the charges are dropped?

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Since the clock starts running when all of the elements of the claim are present, given that the feds have already ruled the action underlying the charges are not a valid basis for the charge, the elements are now present, regardless of the disposition of your criminal prosecution. I do not know the time limitations for your state but generally, suits against government agencies are quite short. If it is no more than 6 months, waiting could very well preclude you from filing a suit should you wait until the charges are disposed of..

I disagree with welfarelover on the issue but am not going to get into a huge debate about it. If you are serious about doing this, get started now, at least speaking with a lawyer. If you find welfarlover is correct, you have lost nothing. If I am correct, and you wait, you may lose your right to sue.

the fact is, your charges are never going to be decided in your favor, at least with the process you are in now. Dropping them as a result of a "legal deal" is not the same as them simply dropping the charges or you being found not guilty.

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Quoting jk

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the fact is, your charges are never going to be decided in your favor, at least with the process you are in now. Dropping them as a result of a "legal deal" is not the same as them simply dropping the charges or you being found not guilty.

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So are you saying what I'm going through (the 6 month wait) can affect my ability to file a suit? Like its an admission of guilt or something? Cause my lawyer did say not guilty to the judge and something about in 6 months they'll take the case out of the courts (something, I can't remember the word).

And when I was asking him about the deal I asked about records like fingerprints and mugshot if those would be erased and he said yeah.

How can this prevent me from having the right to file a lawsuit? I don't get it.

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Quoting jkl1234

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I've always been passionate about the constitution and constitutional law especially the 1st and 4th amendments (that's probably part of what got me into this situation). I feel like they are what make this country great, you can say whatever you want to whoever you want and not be in fear of arrest or a bullshit search. .

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Whatever gave you that impression?

Sure, you can say what you want. And you can deal with the consequences. There's a reason why yelling "Bomb!" at the airport will get you into legal trouble.

I'm simply saying that if you are serious, I would not wait the 6 months before you speak with a lawyer about this. Time is not your friend and if the SOL to file a suit of this sort is extremely short, it may be too late if you wait the 6 months. Once the time limit has passed, you are sol on filing suit.

I am not going to suggest I have a definitive answer. I am simply suggesting to err on the side of making sure you meet any time limitations.

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Quoting jk

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I'm simply saying that if you are serious, I would not wait the 6 months before you speak with a lawyer about this. Time is not your friend and if the SOL to file a suit of this sort is extremely short, it may be too late if you wait the 6 months. Once the time limit has passed, you are sol on filing suit.

I am not going to suggest I have a definitive answer. I am simply suggesting to err on the side of making sure you meet any time limitations.

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OK yeah I understand the time thing. I thought you were saying the deal I have would somehow effect it, the same way if I plead guilty would.

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Quoting Dogmatique

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Whatever gave you that impression?

Sure, you can say what you want. And you can deal with the consequences. There's a reason why yelling "Bomb!" at the airport will get you into legal trouble.

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I didn't mean it that literally, I don't get how y'all don't get that.

I can say f the president, I can be racist, or just down right rude and not be arrested legally.

Of course I can't make threats or yell fire