legal advice requested

FatBoy

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Aug 3, 1999
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Here?s my story.

I was at a bar at the racetrack last week playing the ponies. There are a lots of TV?s showing all the different tracks. Some guy wants to change the channel on one of the TV?s. Not really a problem for me, but you can?t do it w/o a remote. The barmaids have the remote, but they are in no hurry to switch the channel for you. Anyway, I inform the guy of this. He ignores me and keeps trying to change the channel to no avail. I have a race about to start on the TV behind him, so I politely ask him to get out of the way until my race is over. He tells me to watch it somewhere else. However, no other nearby TV is showing that track. I ask him again. He tells me to go f*ck myself. I had a couple of beers in me and I didn?t take kindly to that. So, I got up from my seat and we grappled. I threw 1 punch and he went down. I knew I hurt him, so I stopped. When he got up he was bleeding all over the place. He started screaming and cursing at me (that he was going to sue me). There now was a table between us. He picked up a chair and threw it at me. I blocked it with my arm, but it hit an innocent bystander.

Security shows up as well as the police. They take the guy away in an ambulance. He threatens to sue me and to sue the racetrack numerous times. As the cops are taking my statement, numerous people come over and state to the cops that the other guy started it.

I did not get arrested, but I received a summons in the mail. I am charged with disorderly conduct (engaged in a mutual fight) and fined. I am assuming he got charged with the same thing.

My concern is what to do. I guess I am guilty of disorderly conduct, so I should plead guilty and pay the fine. However, if this guy sues me will pleading guilty be held against me? If he does sue me, do I have any defense?

One of the security guys at the track, who took my statement, told me they have the whole thing on videotape. They keep it for 30 days. I heard him offer it to the cops (who declined). I don?t know if the other guy knows about the videotape or not. Should I request a copy of the videotape?


Any suggestions would be greatly appreciated
 

Goiing Gone

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GET a Attorney,anything besides a routine traffic ticket ALWAYS Retain an Attorney, you will always come out with a better conclusion as Good Attys KNOW people and can always get (like the Videotape and Police report) w/o any problems, no matter who started the battle it's always about who was PHYSICAL 1st, GET a Attorney> GL
 

Snafu

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Aug 16, 2002
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view that video tape and if it looks bad shut up and hope the other guy don't have it, if it looks like that other guy started it make point that you were acting as a self defence and all so to protect other people.

good luck
 

loophole

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Jul 14, 1999
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no doubt you should get an attorney immediately, if for no other reason than damage control for any future civil claim. follow his advice with reference to the disorderly conduct charge. every area has different ways of handling these things. maybe there's some kind of pretrial diversion for petty offenses that will avoid a conviction, but in any event any plea of responsibility should be nolo contendre as opposed to guilty, as a no contest plea is not an admission of guilt and cannot be used against you as an admission against interest in a subsequent civil proceeding. and by all means, get a copy of the videotape now, just in case, since you know it won't be available after thirty days.
 

Turfgrass

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Just wanted to post a "Atta Boy" for not taking chit from some slapstick.

If you need some MJ'ers in your area to show up like the mob just let us know. (Wouldn't that be nice.)

I'm rooting for you. Hope all goes well, and keep us posted.
 

marine

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Jul 13, 1999
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Hey fatboy...

where in PA are ya? I can show up and wait outside the courthouse and give him another busted nose if you want. :D

lets get together and go drinking and raise some more hell!
 

FatBoy

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Thx guys. That's my problem (i guess), I don't start trouble, but I won't walk away from it either. Has gotten me in a few fights over the years. This is the first time I was ticketed though.


marine, I'm right outside of philly, in the burbs. This happened at philly park in bensalem. Do go out to Sate college occasionally for a penn st game. If I go this year I'll post here and maybe we can hook up for a few drinks....
 
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