Possibly facing 2 years in prison...

[GymHero]

Im facing felony robbery charges which is complete bs. I'm talking to different lawyers and the one i saw yesterday is telling me that the DA is trying to get there conviction rate as high as possible meaning they are not making any deals or pleas or at least very unlikely. I live in Cali and from what he is saying there are jobs opportunities for them to advance to but they are hired based on conviction rate lol go figure.... Also i am 3 weeks into my " blast " with tren. Im thinking they don't care about trt and if i did get locked up i wouldn't get treated? Il be heading out soon talking to another lawyer, i just hope someone can help me and take this mess away.

* What happened *

I met up with my ex to have some lunch. We have been hanging out a lot lately and slowly working on things ( well we were ) . I pick her up and head over to the restaurant and park. We are in my car and start talking about our relationship and past issues. i brought up how an issue with us that pissed her off and she has a very high temper. She ended up getting out of my car and saying she is done talking and will find another way home. The thing is everytime we go eat I put my phone wallet in her purse for her to hold onto for me, this time was no different. As she was walking away I kept telling her to come back and that she has my shit. She didnt stop or acknowledge anything i was saying. I ran up to her and took the purse from her and said again that i want my shit. She followed me back to the car and i took my stuff out of her purse and handed the purse back to her. She sets the purse down and we start talk again calmly at first. As we were talking exs got brought and she lost it, this girl has anger problems. She started to swing at me and bit me twice in my car. Once her teeth let go of my forearm she proceeded to take my phone and tossed it out the window and shattered it. She immediatly gets out of the car and grabs my phone and starts running off with it. She only made it maybe 20ft before i stopped her and got my phone back. People saw me chasing her and taking a "phone " which was mine but still called the cops as i later found out. I got the phone and she goes inside this bar and i go back to my car and call my buddy explain what just happened. I'm extremely upset at this point that more bs happened between us and i went to his house to talk things over and calm down. 30 minutes passes and i get a call from a cop asking if i had her purse... I didnt even realize she left it in my car. I go out to my car and check if its there and tell the officer that she did leave it in my car. He says well you need to bring that to me right now, i cooperate and say i will be right there. i take the purse to the cop which i might add had nothing in it except some make up. The cops are bsn with me and we are even laughing about past instances they know about with my ex. Then randomly in mid convo he tells me to put my phone in my pocket and turn around. I was arrested and at the time he didnt read me my rights or tell me what i was being arrested for.. Is that legal? I end up spending 16 hours in jail and had a 45k bail.. Now i am trying to find a badass lawyer than can see that there was no robbery done and save my ass. Also this is my first ever offense. I have to go meet with a lawyer now, i wrote this quick. Sorry for one big paragraph but i want other opinions on this as well. * Note * My ex has a long list of shit she has done with the law.. Wish me luck

[Lunk1]

State laws vary from one to another but robbery in most states requires the use of a weapon...in most states you would have been charged with theft at best! To answer your question about reading you your rights. NO! The only time the Mranda warning must be given is if 2 criteria are met. 1) you are being questioned and 2) you are in custody!

If you are not questioned after being placed under arrest then Mranda does not apply and if you are questioned prior to be taken into custody then the need for Miranda also still does not exist.

I would not put much faith in your current attorny's advise. The fact is that the court system id overwelmed and the only way for it to keep chugging along is through the plea deal process. If anyone is trying to screw you it is more than likely the defense attrny...for more $! Sounds like you def. need a new attrny!

[bigpapabuff]

..... The cops are bsn with me and we are even laughing about past instances they know about with my ex. Then randomly in mid convo he tells me to put my phone in my pocket and turn around. I was arrested .......

Sounds about right. Learn from this.

[Eddie_m63]

State laws vary from one to another but robbery in most states requires the use of a weapon...in most states you would have been charged with theft at best! To answer your question about reading you your rights. NO! The only time the Mranda warning must be given is if 2 criteria are met. 1) you are being questioned and 2) you are in custody!

If you are not questioned after being placed under arrest then Mranda does not apply and if you are questioned prior to be taken into custody then the need for Miranda also still does not exist.

I would not put much faith in your current attorny's advise. The fact is that the court system id overwelmed and the only way for it to keep chugging along is through the plea deal process. If anyone is trying to screw you it is more than likely the defense attrny...for more $! Sounds like you def. need a new attrny!

Agreed, lawyers just want to scare you to get as much $$$ as possible, try to find some witnesses if possible, good luck

[jimmyinkedup]

I tend to disagree with the Attorney re: conviction rate. Plea deals count as convictions and pad conviction rates, not hurt them.

[Lunk1]

I tend to disagree with the Attorney re: conviction rate. Plea deals count as convictions and pad conviction rates, not hurt them.

Agreed...his attorney is trying to get a bigger pay check and not earn it! Bad defense attorneys are the scurge of our court system...biggest criminals in the court room!

[--->>405<<---]

lunk u sure seem to know a lot about the ole legal system..

[Hydroponics]

Damn bro i am so sryy all this shit happened to u, makes me glad i dumped by psycho gf before something like this happened... Based on ur story she was in the wrong, take pics of the bite marks, charge her w/ assault and u should be fine in the end but it WILL cost you....

[DB1982]

Your not going to do anytime. If everything your saying is true Its your 1st offense. You'll pay a fine/court fees and be on probation. Or get you ex to drop the charges.

[Lunk1]

lunk u sure seem to know a lot about the ole legal system..

Pretty smart farmer huh?

[The Bear 79]

Your not going to do anytime. If everything your saying is true Its your 1st offense. You'll pay a fine/court fees and be on probation. Or get you ex to drop the charges.

If she drops the charges the state will pick them up & press, so whether he battles her in court or battles the state, he will be charged none the less.

[gixxerboy1]

If she drops the charges the state will pick them up & press, so whether he battles her in court or battles the state, he will be charged none the less.

That depends on if the prosecutor thinks he can convict with out her.

and i do agree your lawyer is BSing you. Your not going away for 2 years for that. lol

[--->>405<<---]

Pretty smart farmer huh?

uh huh..

[snowman]

i have to agree with Lunk on everything.... first there is no way you will get one day in jail for what happen let alone 2 years... this is your first offence bro.
i think the defense lawyer is trying to get inside your pocket bro... they all try that, especially IF they know, this is your first offence, and you are scared shitless of going to court... find another lawyer or talk to people in your area, to see if they know someone that's good and not that expensive.

First time , i seen a lawyer about a fight i had, instead of asking me , what had happen, he asked, what i did for a living ( job and tittle at work) to figure out, how much i was making $$$$$.... he was more concerned about what i did for a living, so i walked out .
finally found another lawyer... make a long story short , this guy started the fight... i punched him 3 times ; broke his nose, his front teeth, and 3 ribs ; i had 3 witness in court on my side ( i was pleading not guilty)... i was found guilty , cause i did to much damage to be considered self defense, and i had red belt in Karate ( so the witness did not matter).... first offence i got 6 months probation, and took a class once a week for 3 months, on anger management.

As for what you said, about the cops not reading your rights, and tell you what u were arrest for... i know, in Canada they have to, that's the first question , my lawyer asked me ( the lawyer that took my case), then the second question he asked me, was If the cops, asked me anything else, on what happen, AFTER they read me my rights ( in my case, they did not ) so i said no... IF they had asked me something, and i had answered, they could have used that against me in a court of law...

Dont let whats happening to you overwhelm you bro, this is your first offence, you got nothing to worry about, other then, you going to spend some money with a lawyer because of your X... good luck

[lovbyts]

All this and more is why sometimes I think dsm and sholva have the right idea. I personaly couldn't go that way but I can't blame them especially with the fvcked up stuff like this you hear about

[cherrydrpepper]

GymHero I had similar girl I dated she was bipolar and the story you tell was an everyday occurrence. The sex was good and she was hard to get away from. My advice is to lose her number and don't ever call her again after this one of you will end up in jail probably her next time for the biting / hitting.

[Honkey_Kong]

GymHero, I think it'd be in your interest to seek another legal opinion. But you're definitely not going to get 2 years over this. You didn't hit this girl at all did you?

But from this point on, don't talk to anyone about the case aside from whomever is representing you. Especially cops.

[GymHero]

Just got back after talking to a different lawyer, i liked this guy a lot more. He used to be a DA and knows everyone that will be dealing with my case.. When i explained the situation to him himself and the secretary couldn't take this charge serious. He is going to try and get everything thrown out and not even have a court date to attend. The DA hasn't received my police report yet tho so there are no " deals " to be made at this time.

[GymHero]

GymHero, I think it'd be in your interest to seek another legal opinion. But you're definitely not going to get 2 years over this. You didn't hit this girl at all did you?

But from this point on, don't talk to anyone about the case aside from whomever is representing you. Especially cops.

She told the cops i did which I didn't. She had no marks or anything on her where as i had scratches and bite marks lol! She acts on impulse, when she is mad she wants to do anything she can to hurt me. All in the moment kind of chick. next day i get a text from her saying how sad she is and how she wanted to have my kids blah blah blah

[GymHero]

GymHero I had similar girl I dated she was bipolar and the story you tell was an everyday occurrence. The sex was good and she was hard to get away from. My advice is to lose her number and don't ever call her again after this one of you will end up in jail probably her next time for the biting / hitting.

Exactly my situation, its a fatal attraction.. I keep going back to her, after this i have no choice but to never have contact with her again. We have had the cops called on us so many times i couldnt even tell you how many times they came to our place when we lived together. Most the tiime it was when she was drinking since she has a drinking problem and gets violent when shes drunk. Did i mention that her dad hung himself in her room right before we started dating... She had a lot of baggage i tried to deal with but her numbing herself with alcohol constantly ruined our relationship and many other relationships she has had

[cherrydrpepper]

Exactly my situation, its a fatal attraction.. I keep going back to her, after this i have no choice but to never have contact with her again. We have had the cops called on us so many times i couldnt even tell you how many times they came to our place when we lived together. Most the tiime it was when she was drinking since she has a drinking problem and gets violent when shes drunk. Did i mention that her dad hung himself in her room right before we started dating... She had a lot of baggage i tried to deal with but her numbing herself with alcohol constantly ruined our relationship and many other relationships she has had

Girl I dated OD'd not something you will enjoy and people like this they only have a few options usually death, prison or mental ward

[jimmyinkedup]

That depends on if the prosecutor thinks he can convict with out her.

....or if its a Commonwealth State. If it is the state can pick up charges, if it isnt they do not.

[Honkey_Kong]

She told the cops i did which I didn't. She had no marks or anything on her where as i had scratches and bite marks lol! She acts on impulse, when she is mad she wants to do anything she can to hurt me. All in the moment kind of chick. next day i get a text from her saying how sad she is and how she wanted to have my kids blah blah blah

Can I have her number?

[GymHero]

Can I have her number?

sure

[GymHero]

Can I have her number?

sure

[songdog]

Cal will pick up the charges.They did it to me many years ago

[MightyBeast]

Txt her and try to get her to say you didn't hit her and show that to your lawyer.

[Honkey_Kong]

sure

Awesome. I dig crazy chicks.

[ElectraMaddox]

lunk u sure seem to know a lot about the ole legal system..

Lol that's exactly what I was thinking next time I'm in trouble,.. I know who I'm going to pm.

[ElectraMaddox]

Just got back after talking to a different lawyer, i liked this guy a lot more. He used to be a DA and knows everyone that will be dealing with my case.. When i explained the situation to him himself and the secretary couldn't take this charge serious. He is going to try and get everything thrown out and not even have a court date to attend. The DA hasn't received my police report yet tho so there are no " deals " to be made at this time.

Hope it works out for you

[GymHero]

Cal will pick up the charges.They did it to me many years ago

Ya im 99% sure they will with or without her if it goes that far..

Txt her and try to get her to say you didn't hit her and show that to your lawyer.

Already did, saving it now

Awesome. I dig crazy chicks.

Goodluck with this one haha

Hope it works out for you

Thank you Electra!

[ElectraMaddox]

Keep us updated for sure and well keep our fingers crossed

[Lunk1]

Dude...you need to halt all contact with her...your next charge could be harrasment or even tempering with a witness. Doesn't matter what she says at this point. They can always claim diress!

Remember...the burden of prrof lies with the State...meaning they have to prove BEYOND a reasonable doubt that you committed the crime. Do not get mixed up and just let your attorney (the new one) handle it. You could very easily make things worse for yourself!

[GymHero]

Dude...you need to halt all contact with her...your next charge could be harrasment or even tempering with a witness. Doesn't matter what she says at this point. They can always claim diress!

Remember...the burden of prrof lies with the State...meaning they have to prove BEYOND a reasonable doubt that you committed the crime. Do not get mixed up and just let your attorney (the new one) handle it. You could very easily make things worse for yourself!

I have, i was joking above. I gave my attorney yesterday all her info, il find out today where she stands etc.. I did save the text i received from her tho.. She even states how she is so upset she allowed " herself to lose control " again...

[GymHero]

Keep us updated for sure and well keep our fingers crossed

Will do! Thanks again

[Lunk1]

I have, i was joking above. I gave my attorney yesterday all her info, il find out today where she stands etc.. I did save the text i received from her tho.. She even states how she is so upset she allowed " herself to lose control " again...

Most times in a non-bodily injury case like this...the rule of thumb tends to be (no vitim, no crime). If she isn't willing to testify as a victim then often the state will dismiss the charge and move on. Keep in mind I keep saying "often, most times and tends to be"....sometimes the court id finicky

[GymHero]

Most times in a non-bodily injury case like this...the rule of thumb tends to be (no vitim, no crime). If she isn't willing to testify as a victim then often the state will dismiss the charge and move on. Keep in mind I keep saying "often, most times and tends to be"....sometimes the court id finicky

That is what im hoping for bro

[songdog]

That isnt how they look at it bro.When a crime is commited the victim may not press charges for fear of retaleation.So the state steps in.But in your case I cant see them doing that.Unless you had prior domestic problems in which the police were called.Common sense would say stay clear of her!

[kronik420]

wait... you drove to the police??

[Eddie_m63]

wait... you drove to the police??

That would actually help in his defense.