Help my friend in SL area

[Maya]

My freiend sent her son to study in Utah. Sjhe already ahs a daughter there. He is not a member and she has high hopes....

Anyway they were in restaurant and ate as a man came in and was beeing threathening in the restaurant. My frends daughters frend went after him to tlle him that that is not how he shopuld act.. (a BIG mistake) The guy began to fight with him and my friends son went to stop it, as he was laying on ground bloody... police came. My friends son had 0,13 alcohol in his blood and someone, who saw them says he was fighting withn this guy as well as the frend, but he only tried to get between them and stop it. Now he is to meet in court soon... The judge is a very strict woman. Should the mother fly to SL to help her son... Do you think he is kicked out of the school and sent home? That would be a bad thing I think. The bad thing also is, that he is not american, so the law is stricter for him.

Any good advice? How should one act in court? How would one answer to a wrong accusition?

[applepansy]

He needs an attorney, as soon as possible. He can ask the court for one if he doesn't have enough money to pay for one.

applepansy

[siouxz72]

I'm with apple, he needs an attorney as soon as possible. And wow!! 0.13 blood alcohol?! That's almost twice the legal limit! The legal limit (at least in California) is 0.08. Are there any witnesses who can say he was only trying to stop the fight?

[FunkyTown]

Yeah. .13 blood alcohol in Utah is not going to look good, but since he wasn't driving it probably won't be terrible. What's he being charged with? Probably a misdemeanor.

[Moksha]

What's he being charged with?

Probably:

1. assault

2. being a stranger around these parts

3. breaking the Word of Wisdom via strong drink.

[Maya]

Eh... it is kind of funny... here that is nothing then amount of alcohol... it is not even forbid to walk around stome drunk... if you do nothing happens anyway... weird... but good for you :)

Attornesys are so expencive I tell her he should get an atterny.. so that is tought as a lot around there? IS is so that IF you were just walking around with that much you would be sued? Or is ist just because he was helping a friend ... his siter was there all the time and she went to sit in a car... some witness had said he had been fighting the other guy... but he had only tried to get them apart one an other.

This other guy probably was under some harder stuff, as he came in to shout to them when they were inside eating...

His friend was bleading....

I have no idea what he will be charged with...

[Just_A_Guy]

Maya, I cannot emphasize this enough:

If your son wants to stay in the country, and out of jail, he has got to get a competent attorney NOW.

This may sound harsh, but right now you cannot help him. A lawyer can. Save the plane fare and contribute it to his legal defense.

If you're in a pickle financially, below are two directories for free/reduced rate legal services in Salt Lake Valley:

--Utah State Bar Directory

--"And Justice For All" Directory

If all else fails, get in touch with the Salt Lake Legal Defender's Association. The attorneys in that office are somewhat overworked, but they're some of the most capable lawyers in Utah.

Good luck.

Edited March 2, 2009 by Just_A_Guy

[jolee65]

He does need a lawyer and drinking isnt illegal but in public that public intoxiance (sp) along with fighting, save the plane fare and get the lawyer.

[Maya]

Thanks guys... eh Just_a_guy... not my son my friends... my are both members and active and the oldest some 2 years younger:D

I`ll tell her the news... I ahve no idea about how much alcohol that is she said it would be just one beer... it may be he told her he had had just one beer....

Bad thing is he was kind of sent there to maybe find out LDS are ok... if he is sent back or something... I dont think his dad or he gets more positivity for LDS even though they had nothing to do with this... or maybe it hopefully gets him to think a bit...

[Just_A_Guy]

not my son my friends.

Oops!

[pam]

Oops!

Doesn't matter. The advise would still be the same. :)

[john doe]

One Utah beer will not get you a .13 alcohol level, it is pretty weak beer, only 3.2% alcohol. He needs a lawyer, they can usually plead the charge down to a misdemeanor which makes it relatively minor. If he cannot afford a lawyer, one the court will appoint a lawyer to represent him. With jail overcrowding over here, and as minor as the charge is, he may not spend more than a few nights in jail even if he's convicted.

[Maya]

Hmmm I wonder how his mother takes the advice.... this is kind of new for her to have to deal with court because of alcohol use... hmmm. She has been sooo mad at him for years as the father just encourages him to "have a little fun". It was not only once she told to some viviting girls to go home for night. But then she was not always at home. Needless to say he is not a member, an ok guy in many ways though.

What if they find out he was just helping... can he stil be punished for beeing drunk?

Edited March 3, 2009 by Maya

[FunkyTown]

No, he can only be fined for public intoxication, Maya. However, the fact that he was drunk will make people less likely to believe his story that he was only helping someone. After all, witnesses said they were fighting.

[Maya]

Talked to her in phone... So the thng was the guy got in the reataurant and was doing something by the place where you take ketcup, napkins.... as it was right by my friends childrens and their friends table he starteed to comment their discusition. She suggested, that maybe he could go away. He continued and then he said that he is not afraid of them and not the police either as they know him. Then he left. But one of the young men felt his and probably hers feelings hurt and went after just to say to him that he cant behave like that. How ever they guy enede up beating badly this frend of my friends. They went out to stop it and she went in an could not understand why the workers there just laughed at the fighter and did not as adults interfere! Then she went back out and in the car., while these two tried to get in between the guy beating the frend. He was already then laying on the ground with a lot of blod and a broken nose +++. So they were trying to pull this guy off from on top of him!

Someone saw some of it and understood that all of them were in the fight together as he probably did not see that the two just came to help their frend away from this guy. He was still on top of him beating him!

Ofcourse she saw and heard it all... but I suppose they dont want to talk to her as she is the siter....

Too bad the frend did not accuse this guy for attacking him fysically on the spot. That had gone to the court here too. I dont think he has accused him at all. I suppose it is the police or commulity behind the files.

I wonder if the first court is peliminary... then real court or can this judge also sentance him to prison?

Btw. Here one can drive a car up to 0.25! Police dont care for drunks on public places and I mean DRUNKS those that cant even go strait!

[FunkyTown]

So your friend asked this guy to leave, then when the guy left your friend went out to talk to him because some of the things he said hurt his feelings?

That would indicate that the friend was in a fight. In fact, there are witnesses saying that he was involved in the fight, he had alcohol in his blood and the guy who supposedly started the fight left the restaurant and -was followed out-.

I bet they're charging him with public mischief and, most likely, public intoxication. It also sounds like he's guilty. Not to worry - They won't deport him for public intoxication and public mischief. If countries did that, no foreign soldiers would ever get stationed in any city ever.

[Maya]

It was my friends friend S that went after... my friend P did not go after with the 3rd boy, before S was on ground bleeding and the guy on top of him beating him stil... so P and a 3rd boy tried to get that beater off S.

Hahah of the solders thing...