Criminal Law Questions? Ask a Criminal Lawyer.
Hi - my name is XXXXX XXXXX I'm a Criminal Law litigation attorney. Thanks for your question.
I'll be glad to assist.
What's your question?
I was on Fort Stewart, GA. I am a retired military member
I have an anti-Obama sticker on my car
I was told by two off duty MP's I could not have that sticker
I informed them I was a civilian and under the 1st Amendment could have it
It turned into an argument. they called on duty MP's
subsequently I was apprehended. I was given a citation to appear in Federal Magistrate Court for the offense of simple assault
I touched no one
I am retired from the army as a CID (Criminal Investigations Special Agent). I was informed by friends at the MP station that this incident was overreacted and may be terminated
I no this is a misdemeanor in GA
what is the likely punishment if found guilty
It sounds like the MP's were the aggressors in the matter as they never should have said anything to you about your vehicle sticker.
there is no policy on the installation and they were so informed after the fact
the fact is they got in an argument and lost and then called the on duty MP's. Then lied when about me touchjing one
they also refused to take a statement from my wife who watched the incident but took one from another Soldier who witnessed the event
You have the right to defend yourself against these charges, and you should consider consulting a local defense attorney to do so.
I also no the area was covered by the PX surveillance camera's
Give me a moment and let me look up the Ga. Statute for Simple Assault.
I saw that. I was looking up the penalty.....
Simple assault is a misdemeanor as you mentioned, and the maximum penalty for any misdemeanor is $1000 fine and up to 12 months in jail. Here's the statute: http://www.sodomy.org/laws/georgia/misdemeanors.html
what is the likelihood for jail in a incident like this
However, this is the most extreme outcome. It would be very unlikely that you would receive any jail time for something like this - - especially if no one was injured.
The most likely outcome would be probation and a fine of $300-$500.
going to Federal Magistrate you are not required an attorney
should I get one?
under the GA first offenders act can this we dismissed?
It would be best to hire a local attorney to try and work out a deal with the prosecutor so you know what you're going to do before you get to court.
Your attorney could try to reach a deal where you could receive deferred adjudication or pre-trial diversion so you can serve probation and have the charge dismissed from your record.
ok thank you for your assistance. I appreciate all the help
These are possible options, but you would really need an attorney to try to work such a deal with the prosecutor before your court date.
No problem. Thank you for allowing me to assist, and I wish you luck with this.
If you need anything further, please let me know.
thank you have a good one
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Have a good day!