Hello after a long hiatus....I'm fine, how is everyone else?

[TK421]

I've been a bit busy with shit lately, so I haven't been posting on here as much as I would like....the story goes something like this.....

On Thursday, January 4th, I was walking an inebriated 70 year old man safely home to his residence ( he has been mugged at least five times ). When I got him to his door, some guy approached me ( he was obviously high on some drug ) and got in my face and asked me who I was. I told him I was a friend of Fish ( that is the old guys nickname ) and I was walking him home safely. The guy got violent and said " I didn't ask you your fucking name, I asked who the fuck you were ". I repeated what I said and asked him to step away from me, since he was in my face ( and I hate that ). When he refused, I pushed him away....and he pulled a knife on me.
He started swinging the knife at me yelling " Get the fuck off of my street, I'm the security on this block, motherfucking cracker". I told him several times to calm down, put away the knife...because all I was doing was walking someone home. He chased me down the street with the knife...and as I rounded the corner, I saw him run back to the old guys residence screaming like a maniac high on drugs with a knife in his hands...
I panicked...and I ran back to my apartment ( right around the corner ) and looked for the first thing I saw that would ward the crazy guy away...I was looking for something like a baseball bat or something of that nature, but I felt time was running short, and the first thing I could grab was my roommates civil war replica sword ( before you say anything, this thing has absolutely NO edge to it...something like a three foot long butter knife, piece of shit ) and I put it under my coat and ran back to the residence, thinking that the old man ( and his brother, who opened the door ) were getting stabbed to death by this out-of-control drug addict. Well...as my luck would have it, as I rounded the corner I was met with a flashlight in my face. There were no flashing lights on a patrol car, so my first thought was it was one of the drug dealers cronies...it turned out to be the police.
They told me to get down on the ground ( at which point the DULL sword fell out of my coat ) and ordered me into the police SUV. It turns out that the old guys brother called the police to report a stabbing on Market Street ( meaning me...I was the guy who was being stabbed ). Nothing serious, just an inch and a half long scratch across my ribs, which I didn't notice until the day after during a shower. I was fingerprinted and had to hold that sign across me for them to take a picture. This was the very first time in my life that I have been in trouble with the police...my record is clean. The guy who pulled the knife on me, on the other hand, has been in jail for all of his life ( from what I understand ) and was just hauled in Tuesday for robbery, burglary, threats, simple assault, criminal trespass, and vandalism. He is in prison in lieu of $30, 000, bail.
I go to see a public defender on January 30th, and the preliminary hearing is on February 7th. Most people I have talked to say I have nothing to worry about ( since some of them think what I did was, in fact, heroic ) but I wasn't looking to be a hero. I just did what I thought at the time was the appropriate...no, the HUMAN thing to do. I thought that friends of mine were in danger of being killed, and my intentions with this so-called "weapon" were to merely ward off the drugged-up person and get him away from their property.....
If anyone here has any experience ( and mods, I am NOT asking for legal advice ) with anything like this, please let me know. I feel like I should walk away with nothing, but then again, I don't know how they will view it. Thank you for your time

[auntAgonist]

1. how awful for you!

I'm sorry your good Samaritan actions ended up with you having trouble with the law. I hope they can see what happened and dismiss the charges against you. I think you were / are a very caring person for taking the time to make sure Fish got home safely. I wish you well!

aA

[TK421]

2. I left this out: I am being charged with possession of an instrument of

crime and disorderly conduct. Both of these are laughable, because there was absolutely NO disorderly conduct on my part ( the police asked me to do something, and I complied...that's even in the report ). As far as the other charge? They are trying to make it seem like I was going back after the guy in a vigilante sort of way ( this is ridiculous upon viewing the said weapon ) I can't believe I even have to show up to court for doing the "right thing" Oh well...I guess nice guys really DO finish last

[Haole Girl]

3. I'm glad I took time to read this before signing off....

...Here is my advice: Ditch the public defender and get the best attorney you can afford. If you can't afford one, beg borrow or steal (no, don't really steal) but find a way to get a good attorney. This is your life you are talking about. Jurors are often idiots...and someone who says "you have nothing to worry about" hasn't followed a lot of cases. I've only taken one law class, myself, but I know enough about this kind of thing to never- ever- assume the outcome.

Best of luck to you...keep your chin up....but, on the other hand, don't take it too lightly, either.

Take care. :hug:

[TK421]

4. This is a preliminary hearing I'm facing in February

I'm not sure if the judge will even listen, but the public defender is my best bet ( No way in HELL I can afford an attorney ) If this even goes past the preliminary hearing right up the street from me, I will be shocked. Thank you for your input....I've thought about that, too

[rug]

5. Do not waive the preliminary hearing under any circumstances.

The Commonwealth must show evidence to make out a prima facie case for:

robbery - need a robbery victim;
burglary - need the owner of a building entered;
terroristic threats - need that idiot who's in on $30,000;
assault - need the same idiot;
criminal trespass - a lesser included offense of burglary, still need the landlord;
criminal mischief - need the owner of damaged property;
possession of the sword - cop testimony, but can't relate it to a crime, and its possession was reasonably necessary in the defense of another;
disorderly conduct - well, running aound the corner in the city with a sword, maybe, but it's a summary offense, not a crime.

The Philadelphia Public Defenders are good. Just make sure the charges are fully tested at the preliminary hearing. There has to be sufficient evidence of each crime to allow it to go forward to trial. Make sure your lawyer gets a subpoena for Fish.

Good luck.

[TK421]

6. Thank you. Things certainly seem to be in my favor, and your

points listed above are all good ones. They are saying that I had intentions of employing this weapon with criminal intent. To me, criminal intent would be something sharp, like...I don't know, a butcher knife? So I believe what they think is I was going to go Charles Bronson on the guy. :crazy:

[rug]

7. They must have read your DU profile.

Cooking and being a wine enthusiast are indicia of criminal behavior. :)

Feel free to PM if you need anything.

[TK421]

9. I appreciate it....

:thumbsup:

[mainegreen]

8. They're charging you for being stabbed? That's a bit, well, fucking stupid.

Or am I not understanding something here?

[TK421]

10. I explained to them what happened...all they seemed to care about

was the fact that I was carrying this sword. They did take the guy in a few minutes after me, but I'm not sure what they are thinking here. Police logic...I sure don't get it