legal procedures?

[zarker99]

Not sure if this is the correct forum for this kind of question, but here goes.

Does anybody know, or be able help me find out, what happens when somebody commits a Class A misdemeanor? For example: in Indiana - operating a hypno-therapy business without a licence (or certification).

Would they actually be arrested and read their rights, or would it be more indirect, like a subpoena in the mail or hand-delivered? This kind of offence is similar to a drunk-driving charge in severity, but as I've never been in that state I can't guess. If it's similar to having incorrect vehicle documentation then It would probably be a court summons, or a fine in the post....?

ANy help here much appreciated

[tucsonray]

Re: legal procedures?

Not sure if this is the correct forum for this kind of question, but here goes.

Does anybody know, or be able help me find out, what happens when somebody commits a Class A misdemeanor? For example: in Indiana - operating a hypno-therapy business without a license (or certification).

Would they actually be arrested and read their rights, or would it be more indirect, like a subpoena in the mail or hand-delivered? This kind of offence is similar to a drunk-driving charge in severity, but as I've never been in that state I can't guess. If it's similar to having incorrect vehicle documentation then It would probably be a court summons, or a fine in the post....?

ANy help here much appreciated

I'll mention that I'm a lawyer (criminal defense and former prosecutor) just so you know that I do have a little background on this... otherwise, it's not a big deal, unless you think death threats are cool (sometimes they can be funny!)

A class A misdemeanor is a crime, in my state punishable by one year in the local jail. For misdemeanors that are not frequently prosecuted but are on the books an appearance ticket can be given to a defendant essentially directing them to appear in court on a given day. There may be modest bail or they could be ROR'ed. They'll still take you to the police station, fingerprint you, and arrest you but it's more casual, if that makes sense.
This happens too when a citizen files a misdemeanor complaint against someone else as opposed to the police catching someone committing a crime (like an assault)

The other option is a full fledged arrest - like for a garden variety crime like an assault where there is physical injury - just not serious physical injury. They will do the arrest thing for a DWI too. Bail will be set, you can go to jail and wait to come back to court if you don't make bail.

For the hypnotherapy thing it ill likely be an appearance ticket - they may even do the fingerprinting on the court date and not take the person in to the police station in advance. There would likely be no bail set unless either a. the person has done it before and won't stop, or b. the defendant has lined up half the citizens in town along mainstreet with a post hypnotic suggestion to cluck like a chicken when the 8:03 from Michigan City roars by...

sorry for the wordy answer, but I hope this helps.

[zarker99]

Re: legal procedures?

LOL

That's some answer Tucsonray Really very very helpful. (love to hear about some of those death threats, but I guess some of them wouldn't be very funny).

Just a little clarification on the appearance tickets, if you don't mind? How would they be delivered to the defendant? By mail, or some other way (I'm picturing here Laurel and Hardy's attempt to deliver a (subpeona?)). Anyway, at a guess I'd imagine for the unlicenced hypno business they'd hand it to him when they officially close up his office with some kind of "By order of the court" seal or something...?

Thanks very much for some great info in here
Zarks

[tucsonray]

Re: legal procedures?

Hey Zarks... my pleasure. What would probably happen is that the police would be called to the business, close it down, and issue an appearance ticket on the spot... they would probably write the court date on the ticket and the owner would appear and go into the police station before court to be fingerprinted etc... option two is they would simply take the owner to the police station after closing the place down, finger print him/her and then give the owner the appearance ticket. Either is possible so see what fits into your script.

As for the death threats, I tried a Hell's Angels case once and got police protection throughout. Then when the trial was over the police left and I said 'what the f***'... they said after the trial they're outta there... suggested I go get a shotgun (which I did)... the rule of thumb for death threats seems to be you don't need to worry about the ones who say something; it's the quiet ones who can be the problem.

Maybe this will find a place in your writing some day... it's never dull for me though... good luck my friend.

[Jake Schuster]

Re: legal procedures?

Just a thumbs-up for Tucsonray, who has been immensely helpful in dealing with legal issues for a storyline in a novel I've just completed. He knows his stuff and, to boot, used to eat at the same restaurants I went to as a kid.

I give this man my Stella d'Oro seal of approval!

[Jake Schuster]

Re: legal procedures?

Just saw mention of the Hell's Angels. I once nearly got Sonny Barger roaring at me when in 1967 I saw a huge Harley parked in the middle of a First Avenue sidewalk, went to touch it, and was alerted to the fact that its owner, the aforementioned Mr. Barger, was standing in the doorway, just waiting for me to do it.

Then I had the bad luck a week later to get interested in a gorgeous girl I hadn't seen in the neighborhood, only to discover that she was Sonny's girlfriend. I waited till the Angels had left town before I came out of hiding.

[zarker99]

Re: legal procedures?

Sounds like you need a pretty thick skin there, if that's not an understatement Me, I give the cat the wrong food for breakfast and my eye twitches all day.

[tucsonray]

Re: legal procedures?

Jake

We've travelled many of the same paths (poor guy) but I must say, you have a hell of a lot more to show for it. And much better stories. As for me, I don't know why but now I have this insane desire for a breadstick...

[Charli]

Re: legal procedures?

I think you can get arrested, booked for a misdemeanor crime, take picture and everything, just depends on what you want your story to go, make it believable and we'll buy it.

[Code7Films]

Re: legal procedures?

Just saw mention of the Hell's Angels. I once nearly got Sonny Barger roaring at me when in 1967 I saw a huge Harley parked in the middle of a First Avenue sidewalk, went to touch it, and was alerted to the fact that its owner, the aforementioned Mr. Barger, was standing in the doorway, just waiting for me to do it.

Then I had the bad luck a week later to get interested in a gorgeous girl I hadn't seen in the neighborhood, only to discover that she was Sonny's girlfriend. I waited till the Angels had left town before I came out of hiding.

Jake, you should have kicked Sonny's hog top the ground and stole his girl... Slacker...

[Jake Schuster]

Re: legal procedures?

Jake

We've travelled many of the same paths (poor guy) but I must say, you have a hell of a lot more to show for it. And much better stories. As for me, I don't know why but now I have this insane desire for a breadstick...

And the free cookies, don't forget. Stella looked after her customers well.

As for the Angels, they had come into the city to fight a biker gang from Pennsylvania. Cops were everywhere (to our deep regret at the time), but the fight never happened, and the Angels stayed in town for a week. They used to walk into our local First Avenue restaurant/hangout, sit at the tables with other patrons, eat, put pot in the pepper shakers, and walk out without paying their bills.

But, as they always did, before they left town they went to every place they ate and paid twice what they owed. That was their practice back then. And these were the Oakland Angels, famous for the misery they caused a few years later at Altamont.

[cdn]

Re: legal procedures?

I used to live in a town where the Angels inhabit and it was more than once my hands on the steering wheel would get a might bit sweaty when 100 or so of them, two by two, would roar by you on the highway and you're praying "do not hit a pot hole and lose control".

Of course the kids are in the back screaming "cool Dad,the Angels ! "

[ComicBent]

Re: legal procedures?

My ex-wife (before we were married) was once stranded on the highway with a flat tire. She had her toddler daughter in the car, nobody else. She was about to begin changing the tire.

Suddenly the Hell's Angels came roaring up. She thought, "Oh, God, am I going to be screwed and tatooed and made into a biker's broad?"

The leader of the pack got off his bike, said, "I see you have some trouble here, ma'am."

He changed the tire, said, "Have a nice day," and they all went roaring off.

* * *

Hey, we have all wandered off the topic here. Let's all move on.

[mswriterj]

Re: legal procedures?

Sorry, I'm too big of a dork to figure out the quote thing - From tucsonray - "A class A misdemeanor is a crime, in my state punishable by one year in the local jail. For misdemeanors that are not frequently prosecuted but are on the books an appearance ticket can be given to a defendant essentially directing them to appear in court on a given day. There may be modest bail or they could be ROR'ed. They'll still take you to the police station, fingerprint you, and arrest you but it's more casual, if that makes sense."

When I was a police dispatcher in Illinois, this is how we did it. Booked them and gave them an NTA (Notice to Appear).