My question involves criminal law for the state of: Michigan.
Hello,
Let me preface with this, the story is going to sound like I'm telling half of it, being only my side, but I affirm this is the whole story exactly as it happened.
A month or so back I was with my girlfriend getting gas at a local gas station. There were approximately 8 other people at the same gas station (fairly larger station). I was following behind her on my motorcycle and she was in her own vehicle. I was waiting for her when a vehicle pulled up on the opposite side of the pump. There were 6 fairly heavy set individuals all crammed into a little toyota corrola. It honestly looked like a clown car with how many people were jammed into this thing. I noticed it and started laughing along with several other people that were also getting gas. Long story short, I took a picture of the vehicle to share on social media (hindsight is 20-20) and the driver didn't like that. She informed me that she was calling the police (along with several racial slurs about how I'm being discriminating to her). At this point I still haven't said a word to her. I decided to stick around because the last thing I wanted was for her to lie to an officer and tell him or her that I had done something I didn't do.
While we were waiting, one of the occupants of the vehicle got out and took a picture of my license plate. My girlfriend did the same and snapped a picture of their plate. As soon as she did that, all 6 individuals charged her and took her to the ground, punching and hitting her. My girlfriend is about 5'2" and weighs all of 90 pounds. I immediately got off my bike and ran over. I attempted to pull them all off of her simply by grabbing and pushing. I never threw punches or kicked anyone at all. At one point one of the individuals even took his belt off and was hitting me in the back with the large belt buckle.
I was finally able to get them off of her and we retreated to the other side of the station but not before one of the individuals grabbed both my girlfriend's and my cell phones that had fallen out of our pockets during the scuffle. By this time all of the bystanders were acting as a shield because they saw it all go down. The group tried to leave but the same bystanders blocked the vehicle in.
PD finally came and took statements, didn't arrest anyone, and ordered us to leave the scene (I was upset that they still had our phones and the officers wouldn't get them back for us, they were in clear sight in the vehicle).
The detective for the case told me that there was no video of the incident at all. He charged everyone involved with disorderly conduct: Fighting because of a city ordinance against fighting.
We had arraignment already and obviously both plead not guilty. My concern is that I am currently in the application process for a police academy, and my girlfriend is applying for Med School in the next couple months. Misdemeanor charges would kill both of our careers (where I'm from it's impossible to get into an academy without a clean record or "knowing" someone.)
My plan is to file a motion for discovery and hope the city attorney/prosecutor comes to their senses when they realize we aren't just going to sit back and take it.
I'm hoping you can help me with either a form for the discovery motion/request, and also any advice for the trial, should it go there. I can't afford to pay thousands to hire an attorney, we both are full time students and are living pretty much paycheck to paycheck as it is.
Thanks in advance.
Hello,
Let me preface with this, the story is going to sound like I'm telling half of it, being only my side, but I affirm this is the whole story exactly as it happened.
A month or so back I was with my girlfriend getting gas at a local gas station. There were approximately 8 other people at the same gas station (fairly larger station). I was following behind her on my motorcycle and she was in her own vehicle. I was waiting for her when a vehicle pulled up on the opposite side of the pump. There were 6 fairly heavy set individuals all crammed into a little toyota corrola. It honestly looked like a clown car with how many people were jammed into this thing. I noticed it and started laughing along with several other people that were also getting gas. Long story short, I took a picture of the vehicle to share on social media (hindsight is 20-20) and the driver didn't like that. She informed me that she was calling the police (along with several racial slurs about how I'm being discriminating to her). At this point I still haven't said a word to her. I decided to stick around because the last thing I wanted was for her to lie to an officer and tell him or her that I had done something I didn't do.
While we were waiting, one of the occupants of the vehicle got out and took a picture of my license plate. My girlfriend did the same and snapped a picture of their plate. As soon as she did that, all 6 individuals charged her and took her to the ground, punching and hitting her. My girlfriend is about 5'2" and weighs all of 90 pounds. I immediately got off my bike and ran over. I attempted to pull them all off of her simply by grabbing and pushing. I never threw punches or kicked anyone at all. At one point one of the individuals even took his belt off and was hitting me in the back with the large belt buckle.
I was finally able to get them off of her and we retreated to the other side of the station but not before one of the individuals grabbed both my girlfriend's and my cell phones that had fallen out of our pockets during the scuffle. By this time all of the bystanders were acting as a shield because they saw it all go down. The group tried to leave but the same bystanders blocked the vehicle in.
PD finally came and took statements, didn't arrest anyone, and ordered us to leave the scene (I was upset that they still had our phones and the officers wouldn't get them back for us, they were in clear sight in the vehicle).
The detective for the case told me that there was no video of the incident at all. He charged everyone involved with disorderly conduct: Fighting because of a city ordinance against fighting.
We had arraignment already and obviously both plead not guilty. My concern is that I am currently in the application process for a police academy, and my girlfriend is applying for Med School in the next couple months. Misdemeanor charges would kill both of our careers (where I'm from it's impossible to get into an academy without a clean record or "knowing" someone.)
My plan is to file a motion for discovery and hope the city attorney/prosecutor comes to their senses when they realize we aren't just going to sit back and take it.
I'm hoping you can help me with either a form for the discovery motion/request, and also any advice for the trial, should it go there. I can't afford to pay thousands to hire an attorney, we both are full time students and are living pretty much paycheck to paycheck as it is.
Thanks in advance.
Disorderly Conduct: Disorderly Conduct Charges After a Public Fight, Claiming Self-Defense
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