My 21 year old daughter was involved in a 'cat fight' with a 40 year old woman. The woman started the fight by grabbing her hair and pulling her to the ground ( I was there, I saw it and I stated so in my police statement).
The other person left the scene before the police arrived and my daughter received a ticket for disturbance of the peace. We have no knowledge of whether or not the other person involved recevied a ticket of any kind.
My daughter's court date is tomorrow. Yes, she is guilty of the charge, however she did not start the fight.
She is concerned about her record because she is in the health care industry. We cannot afford an attourney and in our small area public defenders are attrocious.
Is a no contest plea the way to go in this case? My understanding of the no contest plea is that you admit that the facts happened as they did, however you do not feel that you are guilty?
Can someone give me a little guidence on what she should do?
2006-08-23 15:45:42 · 14 answers · asked by scarlet3867 1 in Politics & Government ➔ Law & Ethics
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2006-08-24 11:21:06 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Only a licensed attorney can tell you what you (or she) should do. But here's some things to keep in mind.
In most states, self defense can be raised as part of a plea, so "not guilty because of self defense" may be an option. However, self-defense is what's called an 'affirmative defense', meaning that the burden is on the defendant to prove that it was self-defense.
Also, in all states, if someone pleads "not guilty" (with or without an affirmative defense). the prosecutor must prove all elements of the crime beyond a reasonable doubt. If someone pleads "guilty", or "no contest", then the prosecutor does not need to prove this.
Judges, especially in situations like this, will usually listen to the facts, and take witness testimony about what happened. And prosecutors are often willing to be reasonable if they're approached with remorse.
But it all depends on the individual. Good luck.
2006-08-23 17:12:11 · answer #2 · answered by coragryph 7 · 0⤊ 0⤋
I feel as though is guilty, tell her to plead that. The most she could get is a few months probation. That if she doesn't have a record. Then go to the hall of records to find out if the other person been charge. You can do that, It's public record. If you don't know where that's at call you police department and ask them. They'll tell you. If she doesn't tell you daugther to take out a warrant. Make sure she be charged. Good luck.
2006-08-23 16:03:32 · answer #3 · answered by virginia_gaskin 2 · 0⤊ 0⤋
Guilty
2006-08-23 15:46:55 · answer #4 · answered by mrbaltezor 2 · 0⤊ 0⤋
No contest is about the same as a guilty plea. Try your luck with a public defender.
2006-08-23 15:52:01 · answer #5 · answered by what the heck? 3 · 0⤊ 0⤋
Ask to plead guilty to a lesser offense, usually they do it and make it some stupid harmless charge or no contest. But, I don't understand why your daughter can't say she was the victim of an attack, was she acting crazy when th cops came?
2006-08-23 16:02:37 · answer #6 · answered by Anonymous · 0⤊ 0⤋
JUDGES ARE SMART AND HUMAN TOO.THEY'VE SEEN IT ALL BEFORE AND HAVE GOOD JUDGMENT.THEY DON'T WANT TO MAR A YOUNG'UNS RECORD.JUST SHOWING UP USUALLY MEANS YOU ARE DECENT FOLKS.TELL THEM WHAT YOU TOLD US AND I'M SURE THE JUDGE WILL AGREE TO DISMISS.UNLESS THERE WERE MITIGATING CIRCUMSTANCES(PROVOCATION)EVEN THEN JUST SHOWING UP IS PUNISHMENT ENOUGH IF THERE IS NO PREVIOUS RECORDS.IT'S HOW KIDS LEARN. PLEAD NOT GUILTY.THE JUDGE WILL HAVE A COPY OF THE POLICE REPORT,AND GENERALLY THE ARRESTING OFFICER NEEDS TO BE PRESENT IN COURT OR IT'S NULLIFIED.......NO CONTEST IS LIKE AN "ALFORD" PLEA,MEANING YOU ACKNOWLEDGE THE EVIDENCE WILL CONVICT YOU,AND YOU WISH NOT TO ARGUE IT.JUDGES LIKE NOTHING BETTER THAN QUICK CASES.
2006-08-23 16:03:58 · answer #7 · answered by Anonymous · 0⤊ 0⤋
If, as you say, she's guilty, go with no contest and hope the judge is lenient. If she just got a ticket, it shouldn't affect her record any.
2006-08-23 15:52:59 · answer #8 · answered by Anonymous · 0⤊ 0⤋
not guilty!!!!!!!! how many witnesses to back up your self defense defense. If she didn't start the fight she was defending herself. The prosecution has to prove otherwise. at minimum get the public defender, consult with the pd to find out the case against her.
2006-08-23 15:51:21 · answer #9 · answered by sllyjo 5 · 0⤊ 1⤋
~~the site below is a great legal reference site... they can even send forms that are needed if any are needed.
you may also have a civil case against the other person who started the fight.
hope this helps~~
2006-08-23 15:49:50 · answer #10 · answered by Anonymous · 1⤊ 0⤋