Disorderly Conduct Charge for Giving Officers the Finger

[jkl1234]

if there is validity to the charges, which if you have plead guilty and entered a diversion program you accept there is, you cannot be successful in a civil suit since the only way you could prevail in a civil suit would be if the police' actions were illegal.
In each of the cases you cite the charges dropped at some point so none of them were ultimately found guilty (the one was found guilty but upon appeal the prosecution dropped the charges)

As I said before, you cannot bring a lawsuit until the underlying case is settled in your favor. Period. Dropping the charges would probably fulfill the element while making a deal may not. Speak with your attorney regarding exactly what happened in the "deal".

I was there I know what happened. They asked the judge for 6 months, we all go back, if I stay clean they DROP the charge. There was no "legal" deal. It wasn't a guilty plea, it wasn't anything but a 6 month delay before they drop it.

I think they knew it was a loosing battle so he saved a little face by telling me I need to stay clean or else. Even if I do get arrested I'm willing to bet he wouldn't pursue this charge. He knows there is no case, he just wants a well behaved citizen for 6 months.

[Disagreeable]

Apparently a noble endeavor on his part.

I was there I know what happened. They asked the judge for 6 months, we all go back, if I stay clean they DROP the charge. There was no "legal" deal. It wasn't a guilty plea, it wasn't anything but a 6 month delay before they drop it.

I think they knew it was a loosing battle so he saved a little face by telling me I need to stay clean or else. Even if I do get arrested I'm willing to bet he wouldn't pursue this charge. He knows there is no case, he just wants a well behaved citizen for 6 months.

[jk]

jkl1234;770033]I was there I know what happened. They asked the judge for 6 months, we all go back, if I stay clean they DROP the charge. There was no "legal" deal. It wasn't a guilty plea, it wasn't anything but a 6 month delay before they drop it.

sorry but that is a "legal deal"

If you do not remain "clean", the charged will be prosecuted and you will end up with a record and whatever punishment they dole out.


and to not pleading guilty; sorry but unless something is very unusual in your state, that is what it takes to get where you are in every other place. They cannot punish you (which would include probation such as you received) unless you are guilty of crime. The US Constitution has issue with that.

I think they knew it was a loosing battle so he saved a little face by telling me I need to stay clean or else. Even if I do get arrested I'm willing to bet he wouldn't pursue this charge. He knows there is no case, he just wants a well behaved citizen for 6 months.

what losing battle? The charges stand and if you do not fulfill the terms of the diversion program, you will be hauled back into court. There they will take that guilty plea you entered and enter that into the records and sentence you.

[jkl1234]

As you can see from your articles, pursuing the matter is long on time and the ACLU makes all the money in legal fees.

The first link doesn't mention lawyer fees, the second one he still gets $10,000, and the third one he gets $2,500.

And there's more to it than money. 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. Have those rights stripped away from me was one of the worst things to ever happen.

The local law, my arrest, and my 24 hours of solitary imprisonment are/were all unconstitutional. And something needs to be done about it.

[jk]

The local law, my arrest, and my 24 hours of solitary imprisonment are/were all unconstitutional. And something needs to be done about it.

then get out your wallet and get on it. I suspect your situation with the diversion will come up shortly after you slap down that $10k retainer.

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you can say whatever you want to whoever you want and not be in fear of arrest or a bullshit search.

apparently not that passionate since your understanding is incorrect.

[Welfarelvr]

Until the charges are actually dropped, there is no civil lawsuit.

[Disagreeable]

If you look back, I was the one who dug up the fact your Federal Circuit has supported your position in their decisions. I just don't like lawyers making money.

The first link doesn't mention lawyer fees, the second one he still gets $10,000, and the third one he gets $2,500.

And there's more to it than money. 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. Have those rights stripped away from me was one of the worst things to ever happen.

The local law, my arrest, and my 24 hours of solitary imprisonment are/were all unconstitutional. And something needs to be done about it.

[jk]

If you look back, I was the one who dug up the fact your Federal Circuit has supported your position in their decisions. I just don't like lawyers making money.

so why is the OP even accepting of a diversion? If the fed has upheld the right to flip the bird, ultimately OP would be cleared of the charges. Something is amiss with the situation.

[jkl1234]

sorry but that is a "legal deal"

If you do not remain "clean", the charged will be prosecuted and you will end up with a record and whatever punishment they dole out.


and to not pleading guilty; sorry but unless something is very unusual in your state, that is what it takes to get where you are in every other place. They cannot punish you (which would include probation such as you received) unless you are guilty of crime. The US Constitution has issue with that.

what losing battle? The charges stand and if you do not fulfill the terms of the diversion program, you will be hauled back into court. There they will take that guilty plea you entered and enter that into the records and sentence you.

I know its strange, had the same questions about it as you do.

5 minutes before court started my lawyer came out of the back room pulled me aside and told me the deal. I thought the same thing you are thinking so I asked him "so what am I going to plead?" (Because there was no way I was going to say anything but not guilty) his exact words were "you're not going to plead shit"

When my name was called I go stand between my lawyer and the prosecutor directly in front of the judge (and I am talking about they were using his table as there own). My lawyer tells the judge that he and the prosecutor have talked and they'd like 6 months, the judge has a weird look on his face but says OK and gives a date.

Also, as I was walking up I can hear the judge and my lawyer talking about the arraignment and that it was being waived. I then hear my lawyer say something that included the phrase "not guilty".

I've learned since moving here that everything in this town is ass backwards and not done like it is everywhere else. The whole court house was very unprofessional, the judge didn't have a robe, the seats were metal folding chairs, there was even someone there for his court appearance that (and I kid you not) had a 10 inch knife attached to his belt with his HOODY tucked behind it so you could see it, and he had his hood up. No one said a word to him.

But I guarantee that I did not plead guilty or anything like it.

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apparently not that passionate since your understanding is incorrect.

I didn't mean it like that, I thought that would come through. Guess not

[jk]

Also, as I was walking up I can hear the judge and my lawyer talking about the arraignment and that it was being waived. I then hear my lawyer say something that included the phrase "not guilty".

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.