So I got arrested and charged with assault of a police officer by the police a few weeks ago when I was out for a friends birthday. Allegedly I spat at a constable and this was what got me charged with assault (its noted I didnt physically touch them with my hands). I have no recollection of this at all, but its all well documented in the facts sheet they happily supplied. I have never cringed so much reading over a piece of paper ever... I am currently in between posting this writing my letter of apology to the officer. I have my sentencing/hearing in 11 days. I have never been so worried. FML So Sherdoggers, have you ever been arrested? **UPDATE** So within the time of posting this thread I received a 1 year ban from entering any high risk venue in Sydney CBD which i am fine with, city night life was getting stale for me and I hadnt really been going to the city much in the last few years unlike before. But this ban includes venues which are theaters where i have previously seen a few acts and performances and even karaoke bars which i did like to go wail away a few tunes with mates. I had my date with the magistrate today in the local court, and I plead guilty obviously but my barrister was trying to get me a section 10 which is pretty much dropping any charges and no outcome at all so it would be as if this event never happened. The magistrate that i was lucky to be faced with today is a cop lover who had previously let a female cop off with no charge for urinating on a public war memorial on anzac day one year. link is here for those interested. http://www.zgeek.com/tag/magistrate-jane-culver/ So as you can see the outcome for me facing a magistrate who is a cop lover and protector is looking very grim... I got the section 10 appeal refused and got a criminal conviction. I instead got criminal charges laid against me and I am faced with a 2 year good behaviour bond. So if by change i fuck up again with in that time period i am done, and the I will have a criminal record for life. No trips to the states for me.... I was going to be appealing these charges in 1 month (but decided to give it more time maybe 3-4 months) go get some shit that i need to get done and lay low for a while. and will be facing a judge instead of this stupid bias bitch i had today. I do think i will be able to get off with a section 10 as originally going for today. Wish me luck in these shit times for me sherbros. Or read me the riot act that the magistrate did today if you like. I will be less phased by it unlike earlier today. **UPDATED** So I had appealed the original sentencing, and the appeal took place on the 9th October in front of the district judge. Since the first sentencing I decided to give up the drinks since thats what got me into this shit place to start off with. Currently pushing 97 days sober. In addition to that I took up feeding the homeless every saturday morning with the St Vinnies society to give me a good image. Through the time I got a psychiatric report done and it was a pretty damn weak attempt of saying I have been battling with depression over the last few years and that the way I was choosing to deal with it was drinking. This is relevant to the case because we were pitching for a Section 32 which deals with mental illnesses and even though it was a piss weak report and pitch for that outcome, technically it met all the criteria. Conferencing with my lawyer earlier that week before the appeal, he said he would not pitch for the section 32 as he felt it was a weak case for me, as judges dont hand them out just for anything, and that we will be gunning for the section 10 again as I did the first time. Some info for the section 10 - A Section 10 is like a Section 32, an order made pursuant to s.32. - it is a entirely discretionary; - a charge is dismissed without conviction; - conditions are often imposed - However, unlike a Section 32, a Section 10 involves a finding of guilt and is often deemed to be a conviction. It is not the magic eraser as some believe it is. Section 10s, like convictions, can have adverse consequences in a number of domains including travel and employment. Some info for the section 32 - A Section 32 application is an application pursuant to s.32 Mental Health (Forensic Provisions) Act 1990 to have charges dismissed without conviction. - If successful, the person is diverted from the criminal justice system. Discharge is normally on the condition the person complies with a treatment program under the supervision of the court. Breach proceedings can be taken in the event the Court is advised the person has failed to comply the person can be dealt with for the offence as if diversion had not occurred. - If a matters is diverted from the criminal justice system pursuant to Section 32 no finding of guilt is made and the charge is dismissed without conviction. - However, a Section 32 order is not a "get-out-of-gaol free card" that some believe it is. Section 32 applications made without proper foundation do nothing to assist the legitimacy of the diversionary regime or the reputation of the lawyer and the client in the eyes of the court. Heading into court that thursday morning on the 9th when we were standing outside the room to go in, my lawyer told me that whilst having coffee with his wife in the morning he decided to go ahead with the section 32. As we were dealing with my proceedings, the judge said straight away he was inclined to just give me the section 10 when he found out it was my first offence. My lawyer and the judge had some banter then when the judge indicated he was ready to give me a outcome, my lawyer waited for the last moment and handed him a psych report and said 'look over this last report, and use your own personal discretion whilst considering the section 32.' I was sweating my balls of at this stage, just seeing how casually my lawyer went about it.. I thought he would have made a strong pitch for this at first. The judge paused for what felt the longest 3 minutes of my life, and said that since i have shown signs of positive change with the community service, being sober and sorting shit out in my life he felt that i am in a strong place to move on from here and that he would give me the section 32. I just bailed out of the room as fast as i could after he said that! so long story short i got out of this all with the section 32. Cliffs - got drunk as fuck and spat in a cops face. - got arrested. - first dealing with the courts the magistrate read me the riot act and said i deserve to go to jail but she will do me a favor and give me the second worst outcome being a conviction and a 2 year good behaviour bond. - appealed the original sentencing severity and got of no charges at all. - i am a happy man.
Yes... but it was for minor sh*t and I ended up getting community service in exchange for it not being put on my permanent record. Assaulting a police officer sounds like a lot more serious "charge" than what I was dealing with. I would invest in a good lawyer.
I usually side with cops but I hate it when they use the "assault on a police officer" charge when it is spitting. In a way I understand that they need a charge to prevent people from spitting on them and that saliva can transmit disease, but the charge is too serious for what it really is. Anyways It seems like you do regret doing it which is good. Was alcohol involved? And no I have never been arrested.
I managed to get one of the top dogs in crim law in australia on my side. can i ask what you did? i am in a position where my lawyer promised me he would get me out with no charges. i read elsewhere, spitting at a cop is worse then touching them with your hands. i hope my lawyer didnt bullshit me like dana does to the fighters....
Did you actually spit on him or just in his general direction? Over here you would get a caution and a small fine for something like that I imagine, unless you were on a suspended sentence or probation.
haha i just posted above replying to the other poster about spitting being worse then physical assault in their books. but as you said, (and i am disease free) but saliva does transmit disease. i just cant get my head wrapped around the fact that i have been charged with assaulting a police officer... definitely not my style, but it was black out drunk and passed out on a bench when they came.
quoting the documents infront of me - 'the accused spat in the direction of Constable X's facem causing saliva to come in contact with his left cheek and mouth'. .............. apparently physically spat on him...
i rather be punched than spit at. spitting is a lil bish move and deserves a charge. honestly TS is lucky he didnt recieve a beatdown for literally spitting in a cops face. i know for most grown men getting spit in the face at is a trigger to fight.
i was thinking along the same lines after reading day in day out about all this shit. but ultimately ill just let my lawyer tell me what to do. besides the fact that i can say 'i have been charged with assaulting a police officer' the second last thing i though i would say is 'ill just let my lawyer tell me what to do'... more and more fml...
only time ive been in trouble sentenced to 3 years felony drug probation but ended up only doing 1 year and 8 months
