Criminal Law/simple assualt

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Expert: - 5/7/2008


Question
hello,
This is regards to my brother,he was lock-up for simple assualt. He went to go cash his check at a check cashing store where he normally go. He stated that when we went to cash his check the man got him to sign the check like he was going to to cash it then, he only gave him $85.00 out of $500 or more when my brother ask him why he only gave him $85.00 he said because he had a previous bounce check. my brother said the man then put the check in his pocket stating that it's his check by this time my brother is telling  him no this is his check the man try to run away so my brother said he hit in the face. Don't get me wrong I know my brother wrong for hitting him but the check that he say my brother gave him that bounce was not even his it was my father's. My father and brother has the same name but on the check it has my father SSN, birhtday and address. the man never paid attention to the information. I thought that it was a process when it comes to a bounce check. my brother never been lock before what should he do plead guilty or take it to trial.

Answer
Chante,

This is a hard question to answer.  The problem is that check cashing guy should not have kept his check.  However, maybe the cops should have been called first.  The fact that your brother hit that guy qualifies for the arrest and charge.  Maybe he can get a lesser charge to plead to if he cooperates.  It will cost a lot more money (if you hire a private defense attorney) to take the case to trial and he still could be found guilty, then it is too late to plead to the case.  It is hard to say.  Maybe pleading is the best option here.


Best of luck.

JP  

Criminal Law

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Licensed Private Detective with expansive clientele base encompassing hundreds of cases. Donates resources and time to the Children's Rescue Network in Orlando, FL. Adjunct professor of Criminal Justice, Political Science, & Paralegal Studies teaching on the courses of: "Criminal Law;" "Constitutional Law;" "Bankruptcy Law for Paralegals;" "Real Estate Law for Paralegals;" "Psychological Profiling;" "Introduction to the Criminal Justice System," White Collar Crime;" "Crime Prevention;" "Risk Management;" "International Policing;" "Eight Skills of the Effective Criminal Justice Student;" "Deviance and Violence;" Criminal Justice Bachelor's Degree Capstone;" among others. Decorated retired 15 year veteran police sergeant, twice promoted through the civil service commission. Served in the capacities of patrol officer, training officer, SWAT officer, first line patrol supervisor and administrative supervisor. Graduate of several criminal investigation schools and currently a licensed private detective. Holding over 50 certifications related to police training and instructing in disciplines such as "defensive tactics," "firearms," and "professional development." 12 year veteran of the United States Army. Rank of Staff-Sergeant (E-6). Held positions of Platoon Sergeant, Asst. Platoon Sergeant, Squad Leader, Fire Team Leader, Supply Sergeant, and Liaison NCO at staff officer level. Military Occupational Specialty (MOS) 11BPF7, Airborne Infantry NCO Soldier & Pathfinder. Cross trained into the field of supply (76Y) and administration (71L). Completed PLDC, BNCOC, ANCOC, and Chemical Branch Officer Basic leadership courses. Current subject matter expert and CBRN (Chemical, Biological, Radiological, & Nuclear) Commissioned Chemical Branch Officer serving in the U.S. Army.

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ASIS International. Police Executive Research Forum (PERF). National Criminal Justice Association (NCJA). Academy of Security Educators and Trainers (ASET). American Society of Criminology (ASC). National Tactical Officers Association (NTOA). International Tae Kwon Do Union (ITU), among others.

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Published Full length novel, “Ports And Happy Havens,” Co-authored with L.A. Broskey, Copyright. ISBN: 1-4208-1261-0. Full length novel, “The Awful Grace Of God,” Co-authored with L.A. Broskey, Copyright (publishing in progress). Review & Discussion of the case of: Burley v. Pennsylvania Department of Public Welfare. Published in the PA Administrative Law Journal. Spring 2003. Review & Discussion of the case of: LTV Steel Company, Inc. v. Workers' Compensation Appeal Board. Published in the PA Administrative Law Journal. Spring 2003. Review & Discussion of the case of: Rydzewski v. Workers’ Compensation Appeal Board. Published in the PA Administrative Law Journal. Summer 2002. “Handcuffing Techniques Manual For Loss Prevention Officers.” 2002. Copyright. “Model Emergency Response Team Policy and Member’s Manual.” 1999. Copyright. “Women’s Fundamental Self-Defense Manual.” 1998. Copyright, among others.

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