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Sam
Sam, Attorney at Law
Category: Legal
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Experience:  20 years of experience practicing law.
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i had an allegation made against me by someone that knew that

Customer Question

i had an allegation made against me by someone that knew that i was a law enforcement because that person is a civilian at my place of work he saw the placard on my windshield. the allegation was that i pull a gun twice at him on the highway and said to him" mother f**ker i'm gonna blow your head off" that allegation took place on 04/24/09 two weeks later i was on vacation my job called me to call my union and to turn myself in to the police on 05/07/09 i was represented by my union lawyer i was fingerprinted and ROR. the charge is 120.14 menacing 2nd degree. i'm not being represented well by that lawyer, been to court in august, october, december and february my next court date which is march 9th. the lawyer telling me he trying to get and ACD or 240.20 disorderly conduct from the DA. i do not even carry my weapon to work i told the lawyer to check with the arsenal that every officer has to check in their weapons. the lawyer don't even know how the person reported the allegation
Submitted: 4 years ago.
Category: Legal
Expert:  Sam replied 4 years ago.

hi

 

talk to your union and tell them you need another lawyer STAT. if this lawyer is not going to the mat for you, then why are you paying dues? if you did not do this and you feel you have been a target of this civilian then you need legal counsel that is going to have witnesses as to you whereabouts on the dates and times in question showing that you were not on the highway. your union owes you the best defense they have. and they can get someone else, even if that means seeking a continuance for march 9th.

Customer: replied 4 years ago.
i was on the highway.it started right after i left the job, i made a left turn and cut him off but it wasn't intentional . he followed me to the highway pull up next to me and start cursing " i called him an old ass fagot and told him to get lost" for that reason i don't know what happen after that until now all i know 2 weeks later while on vacation i was inform by my union delegate to meet them at the precint to turn myself in. till this day i ask the lawyer what happen did he call 911 since he said i pull out a gun, did he go to the precint later on as a way to get back at me i still don't know , im gonna call the union tomorrow for someone else to represent me
Expert:  Sam replied 4 years ago.

hi

 

thank you for that information. that is why the attorney wants to got for the disorderly conduct. apparently, the DA is ready to take a plea because there is no proof you pulled a gun or threatened with a gun. this is common when someone is rattled during a "road rage" incident.

 

you might want to consider the disorderly. just because the guy did not call 911 at the time, does not mean he was not shaken and maybe even in shock.

 

of course, if you don't want to take the plea, you can go to trial. they would not be able to proof you pulled a gun because your sidearm was not on your person as you stated and you can prove where it was

 

 



Edited by Sam on 3/1/2010 at 4:26 AM EST

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