I got cited for a misdemeanor... worried

CCS

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:(

My boss sends us to neighborhoods to sell pest control. We are independent contractors. This one had a law requiring us to get a permit first. My boss did not know about it.

Well, my coworker got arrested. 6 cop cars arrived. 3 on him, 2 waiting on the outside streets, 1 circling the loop we were at. The circling one just drove right past me. I walked to the corner, saw him handcuffed, and was like "Wow. They arrest people for soliciting. I quit." I walk towards the corner and think no cops are in site, and I run across the street, not realizing there were the two up the street a ways watching.

One pulled up and asked why I was running. I told him I was running to my car. He asked if I was running from the cops. I was taken aback and did not answer. He told me to sit on the side walk, and started to question me. I immediately admitted I was soliciting and that I headed to my car when I saw my coworker arrested. He said he had to book me but would take my cooperation into account. He called backup.

He told me it was a class 3 (or did he say class 1?) misdemeanor. License Required to Solicite. I looked online, and many cities range from class 1 to class 3 for that offense.

After much research, it looks like my only defense would be to point out that I did not know, but I highly doubt that would be enough. I think I'm much better off pleading guilty.

If I plead guilty, or no contest, the judge will read the police report and ask me to make a statement before sentencing. What do you think my statement should be, so I get the lightest sentence possible? (my record is clean, though I read that judges hear "It was my first offense" all the time, and not to use it.

I'll ask the court clerk some questions beforehand, and wear a suit, but any info would be appreciated.

And in my state, expungement is never allowed for adults. I'm in Arizona.


IMO the whole thing is BS. I won't tell the judge that. So it is a crime but not if you have a license? Shop lifting is a class 3 misdemeanor too(class 1 is most severe).

And FYI, if you share a beer with your 20 year old roommate at your apartment, it is a class 6 felony.
 

oni

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One pulled up and asked why I was running. I told him I was running to my car. He asked if I was running from the cops. I was taken aback and did not answer. He told me to sit on the side walk, and started to question me. I immediately admitted I was soliciting and that I headed to my car when I saw my coworker arrested. He said he had to book me but would take my cooperation into account. He called backup. Two more arrived, and being stupid I told them about how I tried to get a license, but the wait was too long. Not sure if he put that in his report.


You should have told him you was running to help dry the minoxidil on your head............................

Or

You was running to wind test your latest hair system because you cannot afford a wind tunnel...........................
 

optimus prime

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CCS said:
He told me to sit on the side walk, and started to question me. I immediately admitted I was soliciting and that I headed to my car when I saw my coworker arrested.

Dude...you buckled under the pressure. It is hard though. I have been questioned by police twice, once for kicking litter (wasn't me, it was my friend who kicked a McDonalds bag at 2am - I have seen worse offenses outside a night club), and I froze up and took the heat.

The second time for driving on the wrong side of the road (The road was closed and I wanted a quick short cut - but a policeman was crossing the road just when I went for it). He let me off; he knew what I did made sense, even though I broke the law.



CCS said:
So it is a crime but not if you have a license? I think it should be like a parking ticket, but they are going to give me a criminal record now.

It does seem harsh, but you can get some people who will try and scam old people. Also it is not fair on the people who have waited 6 weeks. They should however look at your case, realise you are not selling anything dodgy and give you a fine. If someone is selling something dodgy then they should get charged.
 

DoctorHouse

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CCS you should know better not to mess with the law. This incident could ruin your chance to run for president. I am really surprised at you for committing such a horrific crime. Now you are going to have alot of stress from worrying and your going to shed like mad. Hope the judge will be sympathetic to you since you do have a past history of hair loss................. :whistle: I think you might want to wear your hair system to court because I think if they see you are balding you might get treated unfairly like some of the posters on here.............. :whistle:
 

beaner

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They're not going to let you take Propecia in prison.
 

cuebald

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I look forward to seeing you on the next episode of Lockup.
 

CCS

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I paid an online lawyer for legal advice. He did not tell me what to tell the judge. He just answered my first question, about the penalty. He refered me to a site that lists all the town laws. Turns out what I did is an infraction, punishable by a fine. Does not state the fine.

Officer mis-defined me as a Peddler, when I'm a solicitor. Before I correct it I'll find out which has the lower fine.

It is only a misdemeanor in that town to be a stripper, as described in the criminal part of the penalty.

So I'm lucky there.

[/quote]
 

The Gardener

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Despite the innocuous sounding name, a misdemeanor is a relatively serious offense. I would make SURE that what you were written up for was an infraction... if that is the case its not a very big deal in the scheme of things.... but, if it was indeed a misdemeanor that you were written up for, you need to get a lawyer. If you can't afford a private counsel, before you walk into court you should contact the public defenders' office and get their advice about the case. The public defender can gain access to all of the prosecution's paperwork and figure out what kind of leg you stand on. If it was a misdemeanor, with a public defender's help, you can either try to fight the charge, or perhaps plea guilty to an infraction in exchange for the misdemeanor count being removed. You really don't want a misdemeanor charge on your record, it can prevent you from getting good jobs in the future.
 

CCS

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The site that says it is an infraction says it is updated and good for at least June of 2009.
When I called the town clerk and asked what it was, she said she is a volunteer, and does not know since she can't access the computers. She said many codes have recently updated.
The officer who sited me said it was a misdemeanor.

Even if I get a public defender, they make people pay for them if they are found guilty. You don't have to pay if you are found innocent. Sounds like a conflict of interest for the state. Since I'd likely plea guilty to something, the cost could be $200.

I have read that if jail time is a possibility, then I'm entitled to a lawyer. But if no jail time is possible, I'm not. I've also read that some misdemeanors do not rate a lawyer.
 

CCS

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I looked at the town website. It claims it is up to date. It has a link to the codes. Says in them that it is an infraction.

I have an arraignment for an infraction. Is that normal?
 

DoctorHouse

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CCS, are you worried you could go to prison?
 

CCS

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DoctorHouse said:
CCS, are you worried you could go to prison?

It would be a city or county jail with non-violent offenders, so no gay bubba to worry about. But it would be financially devistating not being able to pay my bills. Sad in general. No propecia.

And for those of you who don't know, they charge you $18 per day while you are in jail, and you have to pay it back after you get out. If you don't pay it back, they put you back in jail. Did you know that?

If you are found guilty, you have to pay for court fees, which often are $100, but could be more if it is a long trial with expert witnesses. Assuming you plead innocent, that is. They also charge you for your public defender. Nothing is free.
 

Smooth

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ie09c7.jpg
...
 

oni

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It is only a misdemeanor in that town to be a stripper, as described in the criminal part of the penalty.

Good thing you was not with your sister at the time.............................or was it the sisters BF that was a stripper?

You could have done a little dance for the officer...........................................using a screw driver as a cane and your hair system as the top hat.................I am sure he would have let you off!
 

CCS

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My plan is to buy a suit jacket at Walmart and return it the next day. Sound like a good idea? Will the judge ask why it still has tags on it? If he does, I'll say so I can return still. Will he think I'm taking advantage of walmart, or just think I'm indigent?
 

oni

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CCS said:
My plan is to buy a suit jacket at Walmart and return it the next day. Sound like a good idea? Will the judge ask why it still has tags on it? If he does, I'll say so I can return still. Will he think I'm taking advantage of walmart, or just think I'm indigent?

The judge will think your gay and just trying to get in jail.......................for some man on man loving...........................................
 

s.a.f

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CCS said:
My plan is to buy a suit jacket at Walmart and return it the next day. Sound like a good idea? Will the judge ask why it still has tags on it? If he does, I'll say so I can return still. Will he think I'm taking advantage of walmart, or just think I'm indigent?
Hopefully the judge will have visible hairloss, in which case you can begin your defence by offering up some valuble advice on the big 3 which will surely earn you a reduced sentance.

If he's a NW1 though you're fucked. :hump:
 

cuebald

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rofl, in America can you really go to jail for door to door sales?

Land of the free indeed
 

CCS

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cuebald said:
rofl, in America can you really go to jail for door to door sales?

Land of the free indeed

Yep. In the local papers they suggest that many "door to door" sales people are just burglers scouting the area out. Really insulting. If they don't want to buy the product they can not answer the door, or open and say NOT INTERESTED and then close it again. But they got to make it impossible for me to find the people who do want the product.
 
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