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 Message Boards » » misdemeanor for launching fireworks Page [1] 2, Next  
exsqueezeme
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Earlier tonight I was issued a citation for launching fireworks. Cop came down our driveway and asked where the fireworks were (all of my roommates and I had been setting them off) and no one spoke up so I showed him where the bag of black cats was, assuming he would just confiscate the fireworks and that would be it. He had me follow him up the driveway and about 4 other cops showed up and one wrote me a citation for causing the discharge of a pyrotechnic. I have a court date of Dec. 1st.

I think the chances are pretty high that the cop won't even show up to court, but if he does what is my best bet? A friend told me about Prayer for Judgement Continued (PJC) which drops the charge if I don't have another offense for 3 years. Would PJC work in this situation or am I shit out of luck? Thanks for the help!

11/1/2009 1:23:37 AM

FykalJpn
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so why did you feel it necessary to share incriminating evidence with a police officer?

[Edited on November 1, 2009 at 1:30 AM. Reason : idk why you think he wouldn't show up; it's his job]

11/1/2009 1:29:53 AM

roddy
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so why did you feel it necessary to share incriminating evidence with a police officer?

[Edited on November 1, 2009 at 1:30 AM. Reason : idk why you think he wouldn't show up; it's his job]

11/1/2009 1:47:11 AM

Ansonian
Suspended
5959 Posts
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so why did you feel it necessary to share incriminating evidence with a police officer?

11/1/2009 1:58:08 AM

A Tanzarian
drip drip boom
10995 Posts
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Time to lawyer up.

The police are not necessarily your friends, particularly when they're looking for egregious wrongdoing such as using fireworks.

11/1/2009 1:06:10 AM

smc
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Quote :
"I showed him where the bag of black cats was"

Quote :
"he wrote me a citation"


What have you learned?

11/1/2009 1:36:02 AM

Solinari
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16957 Posts
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I'm happy about this. You might think its harmless to set off firecrackers and crap, but a mile or two away, it sounds like gunfire - not a good thing for a neighborhood.

So... ROFLMAO at you.

11/1/2009 2:12:47 AM

spöokyjon

18617 Posts
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Not to sound like a broken record or anything, but the lesson is, DON'T TALK TO THE POLICE. Ever. Especially when you've been using supar dangarous fireworks like black cats.

11/1/2009 3:22:17 AM

theDuke866
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Yep..."Nothing personal, and I'm not trying to be rude, but you're not here for friendly conversation, and I'm not discussing anything with you when all it can do is cause me problems...and no, you can't look anywhere unless you come back with a warrant. Sorry."

11/1/2009 3:53:57 AM

Nitrocloud
Arranging the blocks
3072 Posts
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^Exactly. You're not in college anymore, you should know they don't bullshit with charges like they do in the dorms.

11/1/2009 3:56:52 AM

BIGcementpon
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^^ BAM!

11/1/2009 4:54:24 AM

Sayer
now with sarcasm
9841 Posts
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so why did you feel it necessary to share incriminating evidence with a police officer?

[Edited on November 1, 2009 at 10:00 AM. Reason : idk why you think he wouldn't show up; it's his job]

11/1/2009 10:00:20 AM

OopsPowSrprs
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Haha. 11 posts and 0 answers. I love TWW.

11/1/2009 10:38:10 AM

smc
All American
9221 Posts
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The answer is

HIRE
A
DAMN
LAWYER.

11/1/2009 10:53:25 AM

NYMountnMan
Veteran
498 Posts
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haha did this happen in Wildwoods? i heard fireworks around midnight last night.

11/1/2009 11:28:40 AM

Jader
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i bet you thought you were doing the right thing

11/1/2009 11:37:19 AM

TerdFerguson
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6600 Posts
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Quote :
"Nothing personal, and I'm not trying to be rude, but you're not here for friendly conversation, and I'm not discussing anything with you when all it can do is cause me problems...and no, you can't look anywhere unless you come back with a warrant. Sorry.""





Are you kidding me? If you said that we would all be watching you on Youtube videos being tased and beaten (or worse)

exsqueezeme, you should thanking god you got out of there alive

11/1/2009 11:52:20 AM

StingrayRush
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14628 Posts
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uh, no he wouldn't. there's nothing illegal or inflammatory about that statement. i can guarantee you if a cop tried to pull that crap, he would lose his badge

11/1/2009 12:04:10 PM

TerdFerguson
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Well, we would all certainly hope that is what would happen, but the history of police brutality says differently.
I guess by lose his badge you mean paid leave?

seriously, If it had been me I would have laid on the ground and put my hands on my head as soon as the police arrived, fireworks aren't worth dying over.

11/1/2009 2:25:16 PM

exsqueezeme
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Quote :
"Not to sound like a broken record or anything, but the lesson is, DON'T TALK TO THE POLICE. Ever."


This is really the first time I've ever had to deal with the police for any reason. Never got a speeding ticket or anything up until this point, so lesson learned about how to deal with this type of situation from now on...

Quote :
"I'm happy about this. You might think its harmless to set off firecrackers and crap, but a mile or two away, it sounds like gunfire - not a good thing for a neighborhood.
"


I'm glad you're happy. You sound like a very fun person to be around! I live close enough to the pullen park loft apartments that the sound of firecrackers most likely made my neighbors feel more at home.

11/1/2009 2:35:12 PM

Perlith
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Quote :
"DON'T TALK TO THE POLICE. Ever."


Long, but worth watching:
http://www.youtube.com/watch?v=6wXkI4t7nuc

Hire a lawyer. They will help make the judgement call on whether to do a PFJ or get it dropped. Or, you can answer truthfully to "have you ever been convicted of a misdemeanor other than a minor traffic violation".

11/1/2009 2:35:27 PM

Str8BacardiL
************
41754 Posts
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James Crouch 828-5778

11/1/2009 5:12:36 PM

IMStoned420
All American
15485 Posts
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Why they gotta be BLACK Cats?

11/1/2009 5:24:12 PM

0EPII1
All American
42541 Posts
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cuz they are LOUD?

11/1/2009 5:24:40 PM

wdprice3
BinaryBuffonary
45912 Posts
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so why did you feel it necessary to share incriminating evidence with a police officer?

[Edited on November 1, 2009 at 10:00 AM. Reason : idk why you think he wouldn't show up; it's his job]

11/1/2009 5:32:42 PM

duro982
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the cop will definitely show up. And even if he can't for some reason, they're allowed a continuance. So they would just reschedule. That is the officer's day in court. They have scheduled court dates and they just sit there all day from what I understand in case they're needed.

And unless you fight it, he doesn't need to be there anyhow. And I don't really see how you can fight it, you gave him the fireworks. You can get a lawyer, or just take care of it yourself.

A lawyer may be able to get it dropped but I don't really know how likely that is. If you don't want it on you record, enter the first offenders program. You plead guilty, and have to complete 75hrs of community service in the next 6 months or something like that. when you complete the community service, you pay like $200-300 and the conviction is expunged from your record. -- it won't show up on a basic background check, so employers won't see it. And you can legally say that you've never been arrested or convicted of a crime. I believe the military and some other agencies can still access it.

If you can afford it, it definitely doesn't hurt to get a lawyer.

11/1/2009 8:49:59 PM

EMCE
balls deep
89771 Posts
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don't use your prayer for judgement on that shit

save it for a speeding ticket or something

11/1/2009 8:56:10 PM

mdbncsu
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Did you admit to launching the fireworks? If not, how can they prove it was you? Did you get a citation for simply possessing the fireworks, is it illegal in NC to possess certain types of pyrotechnics?

11/1/2009 9:24:31 PM

Str8BacardiL
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A lawyer is only gonna cost you like $300 bucks, if you go to court you will easily spend half that much on fees and crap and get your anus reamed in the process.

11/1/2009 9:26:46 PM

The Cricket
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Sorry to hear that. I think from here on out you should make a meeting to talk to an attorney. It shouldn't cost you anything, and they probably will not guarantee you an outcome. But they can give you advice on your PJC.



Quote :
"Long, but worth watching:
http://www.youtube.com/watch?v=6wXkI4t7nuc"


Nice, thanks for the link. Worth a watch.

11/1/2009 9:28:26 PM

Republican18
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16575 Posts
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Quote :
"I think the chances are pretty high that the cop won't even show up to court"


police officers all have monthly court dates, which is the date he set as your court date. its not like he set an arbitrary date and hes going to forget

[Edited on November 1, 2009 at 9:43 PM. Reason : .]

11/1/2009 9:42:32 PM

wdprice3
BinaryBuffonary
45912 Posts
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LOL

http://www.youtube.com/watch?v=DjH349_WN5E

11/1/2009 9:56:58 PM

rwoody
Save TWW
37696 Posts
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haha what is up with those two black guys with the lighting bolt sideburns??

and why do they have two dumb black guys and a super intelligent white girl?

11/1/2009 10:38:17 PM

duro982
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didn't see the PJC comment earlier. DO NOT use a PJC. A PJC will appear on your record. And I'm pretty sure it counts as a conviction when it comes to misdemeanors. A misdemeanor conviction for setting off some fireworks may not seem like a big deal right now, but that's the kind of thing that can come back at the most inopportune times.

If it comes to it, use the First Offenders program. You can only ever use it once, but it doesn't sound like you're going to get into much trouble throughout your life and the charges will not appear on you criminal record once you're finished.


But seriously, talk to a lawyer. It's possible the officer did something wrong, filled out the paper work incorrectly, something that a lawyer may pick up on. If that's the case, he/she may be able to get it dropped. If not and you said you were setting them off, a lawyer probably isn't going to be able to do much other than advise you of your options.

11/2/2009 4:07:27 AM

hooksaw
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16500 Posts
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Quote :
"Long, but worth watching:
http://www.youtube.com/watch?v=6wXkI4t7nuc

Hire a lawyer. They will help make the judgement call on whether to do a PFJ or get it dropped. Or, you can answer truthfully to "have you ever been convicted of a misdemeanor other than a minor traffic violation"."


Perlith

Great video. Everyone should watch it.

11/2/2009 4:54:20 AM

NCSUStinger
Duh, Winning
62452 Posts
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we set off fireworks in the country all the time, the only cop who ever showed up brought his kids to watch

11/2/2009 9:58:31 AM

Str8BacardiL
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I would not bother using your expungement on this. You just need to get it dismissed.

11/2/2009 10:43:43 AM

69
Suspended
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its bullshit and will get dropped, hell i can't count how many times the cops have showed up for that shit on us, didn't even get in trouble for setting a dumpster on fire with a mortar, but why in the hell would you ever show them evidence?

IF YOU WERE CHECKING THE MAIL AND A COP WALKED UP AND ASKED YOU IF YOU HAD ANY WEED IN THE HOUSE, WOULD YOU GO GET IT AND GIVE IT TO THEM?

11/2/2009 11:09:59 AM

exsqueezeme
All American
590 Posts
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Quote :
"but why in the hell would you ever show them evidence?

IF YOU WERE CHECKING THE MAIL AND A COP WALKED UP AND ASKED YOU IF YOU HAD ANY WEED IN THE HOUSE, WOULD YOU GO GET IT AND GIVE IT TO THEM?"


Yeah, I've learned my lesson now... I just figured that fireworks would be a little more obvious than something concealed inside a house and that there was no sense in even trying to deny it.

Unfortunately under stressful situations I tend to revert back to the old "honesty is the best policy" mentality, and as a result I was the only one out of about ten people launching the fireworks that got a citation (dumbass). Roommates have offered to help out with the court costs though.

I knew the cops were going to come, never had any doubt about that, I just never in a million years thought anything would happen beyond a verbal warning and confiscation of the fireworks at the most. The second cop who showed up asked the initial officer what he was going to do about it, and after the first officer replied "give him a citation", the second one said "really?? ok..."

My friend's dad is a lawyer and has said in the decades he has been working cases he has never seen anyone actually be issued a citation for this, just my luck.

Thanks for all the advice, I watched the video and will definitely react differently should a similar situation happen again. I wasn't aware of the first offenders program and will definitely check it out!

11/2/2009 7:55:08 PM

Smath74
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93278 Posts
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you shouldn't have been breaking the law, criminal. they are there for a reason.

[Edited on November 2, 2009 at 8:06 PM. Reason : ]

11/2/2009 8:06:03 PM

PaulISdead
All American
8780 Posts
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all laws are here to protect us

14-401.5. Practice of phrenology, palmistry, fortune- telling or clairvoyance prohibited.

It shall be unlawful for any person to practice the arts of phrenology, palmistry, clairvoyance, fortune-telling and other crafts of a similar kind in the counties named herein. Any person violating any provision of this section shall be guilty of a Class 2 misdemeanor.

This section shall not prohibit the amateur practice of phrenology, palmistry, fortune-telling or clairvoyance in connection with school or church socials, provided such socials are held in school or church buildings.

11/2/2009 8:27:34 PM

spöokyjon

18617 Posts
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Ahahahaha.

Imaginary shit is illegal (except in schools and churches).

11/2/2009 8:50:22 PM

jataylor
All American
6652 Posts
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damn, so my phrenologist knowledge is no good in NC?

11/2/2009 9:19:30 PM

smc
All American
9221 Posts
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From the North Carolina Constitution:
Quote :
"
Sec. 8. Disqualifications for office.
The following persons shall be disqualified for office:
First, any person who shall deny the being of Almighty God."

11/2/2009 9:21:55 PM

mdbncsu
All American
4923 Posts
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You never answered my question.
Quote :
"Did you admit to launching the fireworks?"


All you said in your original post was that you showed the cop where they were? There is a huge difference between possession and discharging.

11/2/2009 10:22:04 PM

Str8BacardiL
************
41754 Posts
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Quote :
"hell i can't count how many times the cops have showed up for that shit on us, didn't even get in trouble for setting a dumpster on fire with a mortar,"



I LOLD

11/2/2009 11:32:56 PM

Netstorm
All American
7547 Posts
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Quote :
"All you said in your original post was that you showed the cop where they were? There is a huge difference between possession and discharging."


Quote :
"Did you admit to launching the fireworks? If not, how can they prove it was you? Did you get a citation for simply possessing the fireworks, is it illegal in NC to possess certain types of pyrotechnics?"


There's no different charge when it comes to fireworks of the firecracker variant--if you possess them and the cop finds them, it's the same as if the cop rolled up on you firing them off. Fireworks that actually explode--firecrackers, roman candles, and any firework that shoots or goes more than 15 feet in the air--is illegal in NC. Period. They set up blockades at the South Carolina border in the Summer JUST TO LOOK FOR THEM. They don't mess around with this shit in North Carolina. I ran a fireworks tent in Havelock over the Summer, and I got hounded a couple times by cops were said "they'd been told I was selling illegal fireworks", which was of course not true and after searching my entire container unit of them twice, they finally gave up.

11/2/2009 11:50:21 PM

theDuke866
All American
52839 Posts
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haha, how many times have you seen rural NC gas stations with bottle rockets or firecrackers for sale out on the shelves in plain view?

11/2/2009 11:52:33 PM

mdbncsu
All American
4923 Posts
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^^ Thanks, that's what I wanted to know.

11/3/2009 2:24:52 AM

NeuseRvrRat
hello Mr. NSA!
35376 Posts
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Quote :
"haha, how many times have you seen rural NC gas stations with bottle rockets or firecrackers for sale out on the shelves in plain view?"


never

11/3/2009 7:33:02 AM

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