Comments on: Simple Assault and Deferred Sentencing Agreements (DSAs) in Washington, DC http://koehlerlaw.net/2010/03/deferred-sentencing-agreements-and-simple-assault-in-dc/?utm_source=rss&utm_medium=rss&utm_campaign=deferred-sentencing-agreements-and-simple-assault-in-dc Criminal and DUI Defense in Washington, D.C. Thu, 09 Feb 2012 13:38:16 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Jamison Koehler http://koehlerlaw.net/2010/03/deferred-sentencing-agreements-and-simple-assault-in-dc/comment-page-1/#comment-15549 Jamison Koehler Thu, 16 Jun 2011 18:35:23 +0000 http://koehlerlaw.net/?p=1757#comment-15549 Bobby T: In many non-criminal contexts (e.g., immigration law), the admission a defendant must make as part of a deferred sentencing agreement is treated as the equivalent of a conviction. While I am not a civil lawyer and have never tested this, I would assume that the admission would be admissible in a civil trial even if the defendant is ultimately allowed to withdraw the guilty plea. But I can't imagine that the defendant in a civil case would be collaterally estopped from contesting the complaint on the basis of the admission. Bobby T: In many non-criminal contexts (e.g., immigration law), the admission a defendant must make as part of a deferred sentencing agreement is treated as the equivalent of a conviction. While I am not a civil lawyer and have never tested this, I would assume that the admission would be admissible in a civil trial even if the defendant is ultimately allowed to withdraw the guilty plea. But I can’t imagine that the defendant in a civil case would be collaterally estopped from contesting the complaint on the basis of the admission.

]]> By: Bobby T http://koehlerlaw.net/2010/03/deferred-sentencing-agreements-and-simple-assault-in-dc/comment-page-1/#comment-15548 Bobby T Thu, 16 Jun 2011 17:54:09 +0000 http://koehlerlaw.net/?p=1757#comment-15548 Any thoughts on the effect that this on-the-record admission of guilt would have in a subsequent civil suit by the victim? Admissible? Issue preclusive, even? Any thoughts on the effect that this on-the-record admission of guilt would have in a subsequent civil suit by the victim? Admissible? Issue preclusive, even?

]]> By: Casey http://koehlerlaw.net/2010/03/deferred-sentencing-agreements-and-simple-assault-in-dc/comment-page-1/#comment-14589 Casey Tue, 10 May 2011 20:51:35 +0000 http://koehlerlaw.net/?p=1757#comment-14589 I was invited inside a male friend's house. He locked me in his bedroom, hit my hand and got my phone then pumped his shotgun and pointed at me. Telling me if I say or do anything, he'll show me what he going to do, then he pumped the shotgun and pointed at me. I can identify the gun, it was new, hardly used, pitch black. Guns that age, the mental turns gray with some wear, off-white on certain spots on the gun. His bedroom door opens from right to left and the light switch is on my left, behind the door. I wouldn't have known that if I did not see it. His neighbor was up. I saw the light and heard the TV on. He lying version: He invited me in and I was yelling at him so he went into the closet, pumped his gun to make me scram. He said, "I never saw it the gun". He said, "he didn't make a phone call". If someone else made the call, they can put me in his bedroom. The judge asked him, did you pump the gun to put fear in her. He replied,"yes". The Judge makes his decision and says, "if he bothers you again, call me". He is giving this a three month review. Trial was Feb 16, 2011 Judge Decision May 4, 2011 Three months review, to call him, if anymore trouble. After the three months, the judge plans to dismiss this case, if this guy doesn't bother me anymore. He is indirectly intimidating me. We both work at the same place. I want to appeal this case, once the Judges closes it. This is not right!! We were never a couple or dating. We were friends for 7 years at work. According to Mississippi Law, the Judge did not uphold the Simple Assault Law. He intent to threaten to put fear and you dont have to show the gun, but then I saw the gun. I was invited inside a male friend’s house. He locked me in his bedroom, hit my hand and got my phone then pumped his shotgun and pointed at me. Telling me if I say or do anything, he’ll show me what he going to do, then he pumped the shotgun and pointed at me. I can identify the gun, it was new, hardly used, pitch black. Guns that age, the mental turns gray with some wear, off-white on certain spots on the gun. His bedroom door opens from right to left and the light switch is on my left, behind the door. I wouldn’t have known that if I did not see it. His neighbor was up. I saw the light and heard the TV on.

He lying version: He invited me in and I was yelling at him so he went into the closet, pumped his gun to make me scram. He said, “I never saw it the gun”.

He said, “he didn’t make a phone call”. If someone else made the call, they can put me in his bedroom.

The judge asked him, did you pump the gun to put fear in her. He replied,”yes”.

The Judge makes his decision and says, “if he bothers you again, call me”. He is giving this a three month review.

Trial was Feb 16, 2011
Judge Decision May 4, 2011 Three months review, to call him, if anymore trouble.

After the three months, the judge plans to dismiss this case, if this guy doesn’t bother me anymore. He is indirectly intimidating me. We both work at the same place.

I want to appeal this case, once the Judges closes it.

This is not right!! We were never a couple or dating. We were friends for 7 years at work. According to Mississippi Law, the Judge did not uphold the Simple Assault Law. He intent to threaten to put fear and you dont have to show the gun, but then I saw the gun.

]]> By: Michael Cool http://koehlerlaw.net/2010/03/deferred-sentencing-agreements-and-simple-assault-in-dc/comment-page-1/#comment-3482 Michael Cool Sat, 04 Sep 2010 09:34:53 +0000 http://koehlerlaw.net/?p=1757#comment-3482 I worked (during an excessive heat adivory which i found out later that was posted for that day July 14, 2010) for 5 1/2 to six hours and had recieved no calls or texts on my cell phone from them expressing concern. In completing this around 2:30 - 3:00 pm i returned back to the house. The two were awake sitting on the couch and i asked them "Why did'nt you call me ? Its hot out there! I've been moving YOUR containers for almost six hours. What happened? Could'nt you have text me to see if i was alright"? The son replied "We were wondering what to watch on T.V. tonight". I made contact with him and the police arrested me. Now iam on 1 yr. probation with a 516.00 fine and anger management. 1 yr. DSA My attorney was a court appointed and was excellent. With the judges ruling and arrangements made at this point, can the victum come back and sue me on this incident? I worked (during an excessive heat adivory which i found out later that was posted for that day July 14, 2010) for 5 1/2 to six hours and had recieved no calls or texts on my cell phone from them expressing concern.
In completing this around 2:30 – 3:00 pm i returned back to the house. The two were awake sitting on the couch and i asked them “Why did’nt you call me ? Its hot out there! I’ve been moving YOUR containers for almost six hours. What happened? Could’nt you have text me to see if i was alright”? The son replied “We were wondering what to watch on T.V. tonight”.
I made contact with him and the police arrested me. Now iam on 1 yr. probation with a 516.00 fine and anger management. 1 yr. DSA My attorney was a court appointed and was excellent. With the judges ruling and arrangements made at this point, can the victum come back and sue me on this incident?

]]> By: Michael Cool http://koehlerlaw.net/2010/03/deferred-sentencing-agreements-and-simple-assault-in-dc/comment-page-1/#comment-3481 Michael Cool Sat, 04 Sep 2010 09:11:21 +0000 http://koehlerlaw.net/?p=1757#comment-3481 I was in court yesterday and recieved my very first DSA. The charges were for Assult and Battery on a 25 yr old man who i let stay in my house with his mother until better housing could be provided for the two of them. The son (25yrs.) and the mother (41) were asleep when i had left the house at 9:30 am to transfer their stored items at their friends house to a commercial storage unit that i rented for them 1 mi. away. I was in court yesterday and recieved my very first DSA. The charges were for Assult and Battery on a 25 yr old man who i let stay in my house with his mother until better housing could be provided for the two of them. The son (25yrs.) and the mother (41) were asleep when i had left the house at 9:30 am to transfer their stored items at their friends house to a commercial storage unit that i rented for them 1 mi. away.

]]>