Friend charged with felony assault 2

Ok so I'll just keep this short and to the point . I know there are a few good legal minds on the forum based off posts I have read over the years. So I was just hoping someone could clarify the process down there.

 

My best friend of 25years (I'm 32) got pushed and pushed all night by some guy at the bar until my friend snapped last night and hit him in the face with a pool que chipping some teeth or something I'm told.

 

The bouncers kicked him out and he left to walk back to the hotel when the cops swarmed him down the street and arrested him for felony assault 2 . I guess the guy he hit called the cops and is pressing charges from what I'm told.

 

So far he hasn't talked to a lawyer or done anything and no one has told him anything .he is just sitting in coos county jail I'm Oregon waiting for a supposed hearing on Monday. His girlfriend called down there and was told bail is 250k right now .

 

Now he is a full Canadian citizen just visiting Oregon for a week holiday and now this.

Can anyone enlighten me on the process .? Whatever his bail ends up being I know I will be posting it for him

 

Thanks in advance

He needs to get a lawyer. Hopefully someone impartial saw it and can be a witness. The fact that he used a weapon over his fists is not good.

He'll have an initial appearance Monday morning. He'll be advised of his rights, the charges against him and he'll enter a plea (not guilty). Bail will be set but based on the fact he's a foreign national and the chance of him leaving the jurisdiction are substantial, expect bail to be high (and they may not offer bond).

 

 

I'd try to find the best criminal defense lawyer in the area. The fact that he used a weapon instead of his fists is not good. Not being a US citizen is definitely a disadvantage as well. Hopefully he can get charges reduced to a misdemeanor of some sort or dropped. Best of luck to your friend. If they stick I think he will have a hard time entering the US in the future.

Better call Saul.

Doesn't look good.

 

He could have walked away.

Doesn't look good.

 

He could have walked away.

 

 

Thanks for all replies from everyone so far ..

 

This is so true and it's crazy because not even 2 weeks ago he got in a bar fight up here in our town and I got so mad at him and told him he had to grow up and stop doing this shit . I told him it's going to bite you and your going to get arrested or worse one day ..

And then bam even worse he gets arrested down in the states . Different country and is in for a rough time .

 

Worst situation to be in a I told you so spot .

 

I don't know if anyone knows and I will call down there Monday morning but when the bail is set , how does someone pay it? I know that someone is going to be me but I'm in Canada . Am I going to have to fly down and do it in person or there is a way to do it from here?

Thanks for all replies from everyone so far ..

 

This is so true and it's crazy because not even 2 weeks ago he got in a bar fight up here in our town and I got so mad at him and told him he had to grow up and stop doing this shit . I told him it's going to bite you and your going to get arrested or worse one day ..

And then bam even worse he gets arrested down in the states . Different country and is in for a rough time .

 

Worst situation to be in a I told you so spot .

 

I don't know if anyone knows and I will call down there Monday morning but when the bail is set , how does someone pay it? I know that someone is going to be me but I'm in Canada . Am I going to have to fly down and do it in person or there is a way to do it from here?

 

Sounds like his poor decision making caught up with him then. Won't be a cheap lesson, hopefully he learns from it.

Thanks for all replies from everyone so far ..

 

This is so true and it's crazy because not even 2 weeks ago he got in a bar fight up here in our town and I got so mad at him and told him he had to grow up and stop doing this shit . I told him it's going to bite you and your going to get arrested or worse one day ..

And then bam even worse he gets arrested down in the states . Different country and is in for a rough time .

 

Worst situation to be in a I told you so spot .

 

I don't know if anyone knows and I will call down there Monday morning but when the bail is set , how does someone pay it? I know that someone is going to be me but I'm in Canada . Am I going to have to fly down and do it in person or there is a way to do it from here?

 

Cash or bond.

 

If you pay the bail and he doesnt show up, you lose the money...

Won't be a cheap lesson, hopefully he learns from it.

It would appear HE isn't the one who pays for his mistakes.

Seems like a no brainer. Hire a lawyer ASAP. Maybe I'm a shitty friend but I'd stay out of it. He was at a bar in a foreign country and hit a guy with a pool que.... Not a ton of sympathy. He can expect this to follow him around for a long time.

Seems like a no brainer. Hire a lawyer ASAP. Maybe I'm a shitty friend but I'd stay out of it. He was at a bar in a foreign country and hit a guy with a pool que.... Not a ton of sympathy. He can expect this to follow him around for a long time.

 

 

Yea he has a lawyer for his hearing tomorrow at 130.

 

He is an idiot for doing this and should have just walked away,hopefully this is what he needed to smarten up with fighting but in no way can I just abandon my best friend of 20-25years when he needs help the most.

Everyone does stupid shit some times . He is going to be paying for this for the rest of his life as it is already.

He will for sure not be allowed back into the states after this is all done , that right there is pretty shitty considering all the great places down there. Can't even take his kid to Disneyland for example .

 

 

If he had a very good lawyer maybe he can.

Yea he has a lawyer for his hearing tomorrow at 130.

 

He is an idiot for doing this and should have just walked away,hopefully this is what he needed to smarten up with fighting but in no way can I just abandon my best friend of 20-25years when he needs help the most.

Everyone does stupid shit some times . He is going to be paying for this for the rest of his life as it is already.

He will for sure not be allowed back into the states after this is all done , that right there is pretty shitty considering all the great places down there. Can't even take his kid to Disneyland for example .

 

Best friend or not if I was you I would never go drinking or put myself in a position to be pulled into some shit that could end up costing you more than just money.

It may sound harsh but it is the reality of the situation as a few posts back you said he got into a bar fight a few weeks ago in Canada?

 

He's been in two bar fights in less than 2 weeks... and has a child... sounds like a complete meathead.

Best friend or not if I was you I would never go drinking or put myself in a position to be pulled into some shit that could end up costing you more than just money.

It may sound harsh but it is the reality of the situation as a few posts back you said he got into a bar fight a few weeks ago in Canada?

 

 

Yea he was but that's why I never go out with him to bars or drinking . I also not really a bar guy .

I have a wife and little girl I would never be in that situation, I'm also able to leave if shit ever goes that direction . I wasn't down there when this happened ,I'm at home in Canada just trying to help him.

 

Does anyone by chance know a good lawyer in coos county ? I have been googling and trying to find someone good for his hearing tomorrow.

He's been in two bar fights in less than 2 weeks... and has a child... sounds like a complete meathead.

 

Funny thing is he is 6'0 and 160pounds . Skinny guy . But yea when he gets drunk he gets set off easy and it's retarded , I believe he thinks his 6 years in the military help him fight anyone .. I don't know . I'm pissed off at him that he is in this situation and that I'm involved now . But like I said been there for me over the years when I needed him and I have been close with him since we were kids .

Best man at my wedding and all. Can't just leave him, I would hate myself for not helping when I can .

Funny thing is he is 6'0 and 160pounds . Skinny guy . But yea when he gets drunk he gets set off easy and it's retarded , I believe he thinks his 6 years in the military help him fight anyone .. I don't know . I'm pissed off at him that he is in this situation and that I'm involved now . But like I said been there for me over the years when I needed him and I have been close with him since we were kids .

Best man at my wedding and all. Can't just leave him, I would hate myself for not helping when I can .

 

Unfortunately, I've met people like this. I have to say though, I've worked with your country's military, and they were some of the most non-aggressive people I've ever met. Great guys who were very sincere, but not violent people. I always heard from them how they thought we were the violent ones.

 

I don't have time to hang around people that get crazy when they're drunk, it's bad juju and things can go bad fast. I understand you care about your friend and all, and you can still be friends with him, but what if he would have done something in your else while with you and for some reason you both got arrested? Now that's on you. You being older and 32, (you said), you got to break it to him. If he's 25 and he still hasn't figured out how to act in public, that's not someone you need in your life, especially when you've set your priorities straight and I'm guessing you have a reputation to maintain. I know you didn't get those cars in your signature by fcuking off.

I can understand wanting to help a life long friend. Good for you for being loyal.

 

I can also understand how you say no to going to bars with him. As long as you don't participate in a situation that can "go bad" - no reason you can't be friends. You just don't want to be around him and alcohol (from how it sounds).

 

Sounds like he would benefit by cutting alcohol from his life.

 

I hope he finally learns his lesson and changes his behavior going forward. I also hope he recognizes that you have a CHOICE whether to help or walk away. It's a tough choice and I hope he appreciates you.

 

Good luck

Unfortunately, I've met people like this. I have to say though, I've worked with your country's military, and they were some of the most non-aggressive people I've ever met. Great guys who were very sincere, but not violent people. I always heard from them how they thought we were the violent ones.

 

I don't have time to hang around people that get crazy when they're drunk, it's bad juju and things can go bad fast. I understand you care about your friend and all, and you can still be friends with him, but what if he would have done something in your else while with you and for some reason you both got arrested? Now that's on you. You being older and 32, (you said), you got to break it to him. If he's 25 and he still hasn't figured out how to act in public, that's not someone you need in your life, especially when you've set your priorities straight and I'm guessing you have a reputation to maintain. I know you didn't get those cars in your signature by fcuking off.

 

 

Yea I never go out drinking or to bars with him . We have our things that we do together and that's not one of them . He's actually 32 as well, I ment we have been friends for 25years now .

 

He's a great friend but makes stupid choices a lot .

I wouldn't bail him out , too easy . If you have to , wait a little bit , let him feel the consequences of his actions . I have know dudes like him , they are pissed off at the world for whatever reason and when they drink , the worst in them comes out . Very tough to help them

It's a tough one, the best thing to do is to let him deal with the consequences of his actions but as a friend I understand what you are doing and I'd be doing the same but one time only!

 

You are a good man and he's extremely lucky to have you as a friend, I'd make it very clear to him that if he doesn't straighten himself out I'd cut ties with him, it's not having someone like him around if his behavior is such.

 

Good luck.

It's a tough one, the best thing to do is to let him deal with the consequences of his actions but as a friend I understand what you are doing and I'd be doing the same but one time only!

 

You are a good man and he's extremely lucky to have you as a friend, I'd make it very clear to him that if he doesn't straighten himself out I'd cut ties with him, it's not having someone like him around if his behavior is such.

 

Good luck.

 

 

Appreciate everyone saying I'm being a good friend .

 

I did tell him the other week after he beat up the guy at the bar that if he continued to do this and got arrested that I wouldn't be able to be around him any more as I have businesses I own and can't be associated with people the cops are looking at in our smaller town .

 

But this is different because he is in another country and really needs help. Here in Canada if he got arrested for this he would be ROR in less then 24hours and maybe end up with some community service if convicted . But reading the Oregon measure 11 mandatory minimums for assault 2 being 6 years , I have to do whatever I can to get him back to Canada .

So, procedurally, as Roman said, his initial appearance is Monday. Judge will read the criminal information, let him know his rights and ask him to enter an initial plea. He may or may not have a public defender assigned by then, if not he can try and secure a crim defense attorney to rep hi at the initial hearing. Bail will also be set...it can stay the same as it is now (250K), or can be increased and or decreased depending on the circumstances. Important thing is that he enter a not guilty plea and press for lower bail...however as a non-US citizen, prosecutor will likely push for a high bail, so he stays in jail or has a larger incentive to return to court.

 

Above all tell your buddy to keep his mouth shut and not to talk to anyone other than a defense attorney. Don't ask him any questions on the phone as he will be recorded and any admissions he makes to you or any other friend/family member will be used against him.

 

If he stays in custody, he'll have his next hearing sooner rather than later. In my jurisdiction, a person in custody on a felony arrest has a preliminary exam within 10 days. Not sure in the jurisdiction your friend is in though. Anyway this next hearing will either be a preliminary hearing or a grand jury hearing, most likely. Procedurally these operate to determine whether or not there is enough evidence to bind him over for a felony trial in district court (or that jurisdictions equivalent to district court). Assuming there is enough evidence to do so, then your buddy is looking at going to trial. The issue of bail can be broached again if he is still in custody. Trial most likely won't be for some time (months usually). During this time he can work on his defense, consider a plea bargain if offered, etc.

 

He may even be offered a plea at the preliminary hearing (if used in that jurisdiction) but much will depend on the strength of the case, the actual prosecuto, and his own defense attorney. If the victim wasn't hurt too badly and if he instigated to some extent, they may let your friend plea to a misdemeanor...but if your buddy was an over aggressive instigator and the victim was hurt badly, etc. or if the prosecutor is a hard-ass and or the defense attorney is a push over, then the ability to plea to something lesser, will obviously be more difficult.

 

If you can speak to a defense attorney in that jurisdiction, you'll get a better idea of what to expect regarding prosecution, pleas, etc.

 

Also, not 100% sure on this point, you buddy might qualify for bail and have it paid, and then immigration may put a hold on him so that they can start deportation proceedings independent of his pending criminal case. So you may pay bail for him and he still can't get out because of an Immigration hold.

 

I'm a bit rusty non crim defense procedure, but those are the main highlights, as I can recall. There are a ton of variables so your friend's best bet is to get a good crim defense attorney who practices in that jurisdiction.

So, procedurally, as Roman said, his initial appearance is Monday. Judge will read the criminal information, let him know his rights and ask him to enter an initial plea. He may or may not have a public defender assigned by then, if not he can try and secure a crim defense attorney to rep hi at the initial hearing. Bail will also be set...it can stay the same as it is now (250K), or can be increased and or decreased depending on the circumstances. Important thing is that he enter a not guilty plea and press for lower bail...however as a non-US citizen, prosecutor will likely push for a high bail, so he stays in jail or has a larger incentive to return to court.

 

Above all tell your buddy to keep his mouth shut and not to talk to anyone other than a defense attorney. Don't ask him any questions on the phone as he will be recorded and any admissions he makes to you or any other friend/family member will be used against him.

 

If he stays in custody, he'll have his next hearing sooner rather than later. In my jurisdiction, a person in custody on a felony arrest has a preliminary exam within 10 days. Not sure in the jurisdiction your friend is in though. Anyway this next hearing will either be a preliminary hearing or a grand jury hearing, most likely. Procedurally these operate to determine whether or not there is enough evidence to bind him over for a felony trial in district court (or that jurisdictions equivalent to district court). Assuming there is enough evidence to do so, then your buddy is looking at going to trial. The issue of bail can be broached again if he is still in custody. Trial most likely won't be for some time (months usually). During this time he can work on his defense, consider a plea bargain if offered, etc.

 

He may even be offered a plea at the preliminary hearing (if used in that jurisdiction) but much will depend on the strength of the case, the actual prosecuto, and his own defense attorney. If the victim wasn't hurt too badly and if he instigated to some extent, they may let your friend plea to a misdemeanor...but if your buddy was an over aggressive instigator and the victim was hurt badly, etc. or if the prosecutor is a hard-ass and or the defense attorney is a push over, then the ability to plea to something lesser, will obviously be more difficult.

 

If you can speak to a defense attorney in that jurisdiction, you'll get a better idea of what to expect regarding prosecution, pleas, etc.

 

Also, not 100% sure on this point, you buddy might qualify for bail and have it paid, and then immigration may put a hold on him so that they can start deportation proceedings independent of his pending criminal case. So you may pay bail for him and he still can't get out because of an Immigration hold.

 

I'm a bit rusty non crim defense procedure, but those are the main highlights, as I can recall. There are a ton of variables so your friend's best bet is to get a good crim defense attorney who practices in that jurisdiction.

 

 

Thanks for the info .

 

This blows my mind how serious and drawn out the process is for something like this . I just spoke with him for the first time since his arrest ( info before was coming from his girlfriend ) and he said the guy wasn't even hurt and actually got thrown out of the bar after my friend hit him for being so drunk and such an ass to everyone . But then after he got kicked out he called the cops and said my friend hit him with a pool que and they arrested him.