any lawyers or law knowing people on here?? need help!!

[OptionZero]

A cop can put anything he wants on the ticket, but formal charges are initiated by a complaint filed by the district attorney.

The DA reviews police reports and a quick look at the evidence. What he charges might be exactly what the cop wrote up, or might not, depending on the situation.

After arraignment, the DA will file an "information", which is another formal charging sheet. It's just a second stage of the process; sometimes they just amend the complaint, sometimes the work up new papers. These confirm the exact charges and might have some other data on it depending on the jurisdiction.



G6civic is mostly correct:
No lawyer = no jail time, period. The Sixth Amendment is quite clear.

However, I believe (this is getting into dangerous territory for what I should saying publicly, for free, to a stranger) that a lawyer is not required IF...

1. The crime charged is punishable by jailtime, BUT
2. there is low possibility that you might actually get jail time, AND
3. you don't get sentenced to jail, (just fines and such)


I cannot speak for the quality of a public defender's office on the otherside of the country, but in any event, the rules still apply:
1. Keep your mouth shut in court unless the judge asks you a question
2. Listen to you lawyer's directions
3. Ask questions when you don't understand
4. PAY ATTENTION TO WHAT HE EXPLAINS
5. read everything thats put in front of you


If the original poster is a juvenile under Virginia law, I speculate that they are obligated to inform his parents prior to any action.

[g6civcx]

Originally Posted by OptionZero

If the original poster is a juvenile under Virginia law, I speculate that they are obligated to inform his parents prior to any action.

Unfortunately due to the increase in violent crimes around here lately, sometimes they will be tried as adults at the court's discretion.

[s14owner]

you will get some probation or community survice if not then baned from the place for like 6 monthes

[OptionZero]

Originally Posted by g6civcx

Unfortunately due to the increase in violent crimes around here lately, sometimes they will be tried as adults at the court's discretion.

They are still juveniles if they are below the age of majority in whatever state they're in.

The decision to try and punish as an adult comes afterwards. In California, it's a W & C section 707 petition that applies only to murder and non-statutory rape IIRC (too lazy to lexis it). Age of majority is 18, minimum age to punish as an adult is...14 (Also IIRC not for sure).

[SlideWell]

take that shit to court man. spend the money. good money. its always worth it. any person that has done time will tell you that. shit just adds up and you get judged for every little thing on ur record in the end. good luck.

[OptionZero]

"take that shit to court"?

What exactly are you trying to say with some random comment like that?

He has to "go to court" since he received a summons.

If you're trying to tell him to take it to trial, then I kindly suggest you stop giving him advice right now.

[s14jesse]

dude ur doing like 5 to 10 years in pelican bay..lol

[aznpoopy]

here's a legal tip OP. anytime you get charged with something, LOOK UP THE LAW. google it. far easier than posting shit on a forum.

i think you're fine... because:

http://www.ncleg.net/enactedlegislat...14-159.13.html

North Carolina General Statutes § 14-159.13. Second degree trespass.

§ 14‑159.13. Second degree trespass.

(a) Offense. – A person commits the offense of second degree trespass if, without authorization, he enters or remains on premises of another:

(1) After he has been notified not to enter or remain there by the owner, by a person in charge of the premises, by a lawful occupant, or by another authorized person; or

(2) That are posted, in a manner reasonably likely to come to the attention of intruders, with notice not to enter the premises.

(b) Classification. – Second degree trespass is a Class 3 misdemeanor.

NC 2nd degree trespass requires

1) the unauthorized entering or remaining on the property of another AND
2) the continuing entering or remaining after notice by an authorized person or by a relatively conspicuous posting

nobody told you to gtfo. you said there was no warning or posting. if that's true, you can't be nailed for trespassing. it's likely the cop was just trying to scare you guys into not doing stupid shit like hanging out in parking lots at night with retard friends who fuck around with go karts that don't belong to you. hopefully you learned your lesson. don't hang out with dumb fuck assholes; you can get into trouble by association. now go to court and plead not guilty.

[OptionZero]

All we have is his version of the facts.

he may be telling the truth or not, but unless we're in the courtroom, we can't really evaluate the strength of their case against him.

but yes

stop hanging around with dipshits


EDIT:
random curious observation

you're in NJ
g6 is in VA
i'm in CA

zilvian law practice is quite spread out

[aznpoopy]

we should start up a multistate law practice

option, g6 and poopy, LLC

[g6civcx]

Originally Posted by OptionZero

They are still juveniles if they are below the age of majority in whatever state they're in.

I agree there.

Originally Posted by OptionZero

The decision to try and punish as an adult comes afterwards. In California, it's a W & C section 707 petition that applies only to murder and non-statutory rape IIRC (too lazy to lexis it). Age of majority is 18, minimum age to punish as an adult is...14 (Also IIRC not for sure).

VA is really messed up. Basically it's at the commonwealth attorney's discretion. There's no clear guideline on what should and shouldn't be transferred. The law is broad eough such that any crime, no matter how minor, can be transferred if the crime can be linked to another violent crime. The statue doesn't define what it means for two crimes to be linked.

They're also trying to pass stricter one-strike-you're-out laws for juvies.

Originally Posted by OptionZero

EDIT:
random curious observation

you're in NJ
g6 is in VA
i'm in CA

zilvian law practice is quite spread out

I'm just posting bullshiz. I don't know anything about criminal prosecution.

I do intellectual property, which technically means I can correspond with the federal government from anywhere in the world. I rarely if ever give oral arguments. I just choose to be in DC because that's where all the action is.