Need Legal Help: What happens at a hearing?

Question

My brother (21) was involved in an altercation with a girlfriend. Here are some details, if necessary:
He unfortunately became part of a love triangle (the girl, himself, and her ex-boyfriend). Things became heated when she attemped to break up with my brother for her ex. During this time she called her ex who (unbeknownst to anyone) brought police to her apartment, claiming that my brother would not leave when asked. He was handcuffed against a wall while the police investigated the situation, and asked the girlfriend if she had been physically abused, to which she said no. He was let go, told to go home and never to come in contact with the her again. Since then he has not. (I know for a fact he was not arrested - he lives with me and came home the night of the incident.)

A couple of days later the ex-boyfriend contacted my brother and told him, "They just filed a complaint at the DA's office." We are very unfamiliar with legal terms and had no idea what that actually meant. Well, this past weekend he received a summons to go to a court hearing claiming Harrassment and Simple Assault. (She now claims at one point my brother pushed & shook her.) My question is, where do we go from here? What should we expect? My brother contacted the Police Investigator handling the case and was told an attorney is not necessary, the judge will basically make my brother sign something saying that he will stay away from her. Is this correct? I assumed he would have to enter a plea, possibly go to trial, etc. Quite frankly we don't have money for an attorney and the Investigator told us a public defender wouldn't even take this case. Thanks for your help.

THANK YOU ALL so much for you help! I cannot tell you how much I appreciate it.
Now I ask, how do we get a copy of the police report? I do not have a copy of the summons on me at the moment - is the police report # on there?

Answer 1

Terrible, and my sympathies to your poor brother, he's better off without her.
1. Make sure your brother goes to court.
2. If he didn't do this, plea NOT GUILTY.
3. He is able to retrieve a copy of the police report in the matter you stated, it should contain that she stated no physical abuse by your brother, THAT IS IS EVIDENCE AND HE WILL NEED IT!! I cannot stress that enough.
4. If the judge decides to continue, your brother should request that the court appoint him legal counsel, THAT IS HIS CONSTITUTIONAL RIGHT.
5. Never listen to anyone even the police when they tell you an attorney is not necessary.
6. When he is found guilty, he should look into having the other parties charged with filing a false police report, and considering they are defaming him (claiming he is a woman abuser) and it has been put into writing which is not slander but LIABLE PER SE, he may want to contact an attorney to possibly seek civil action against them.
6. Your brother should go to the Court and obtain a PPO against both the ex and her boyfriend.

The officer is wrong, in a criminal case the court has to appoint counsel to any defendant, under the U.S. Constitution, and that means that your brother would be represented during all critical phases of the proceedings. The only time a person is not guaranteed legal representation is during the appeal process, that varies state to state, or in civil actions.
Definitions:
ASSAULT: 1. In criminal law and tort law, the threat or use of force that causes the victim to have a reasonable apprehension of imminent harmful or offensive contact. 2. In criminal Law only, an attempt to commit batter, requiring the specific intent to cause physical injury. 3. Loosely, a criminal battery.

BATTERY: 1. In criminal law, the application of force to another resulting in harmful or offensive contact. Battery is a misdemeanor under most modern statutes. 2. in tort law, an intentional and offensive touching of another.

Criminal Law is when you can go to jail, Tort law is civil matters.

I hope this information was helpful to you and your brother,,, good luck.

Answer 2

First and foremost... the "hearing" will in fact be an arraignment... all you do there is plead NOT GUILTY... do NOT attempt to discuss or argue the case there... even if they ask. Only say "Not Guilty, trial by jury".... then get an attorney. If your brother is not working the court may appoint him an atty. This is an easy case to beat. The new guy and your brothers ex made statements to the cops out of line with the complaint. They are just screwing with you. You can, after you win the criminal case file a civil action claiming "malicious prosecution"... that will sure get their attention.

Answer 3

STOP Contact a lawyer immediately. I am not a lawyer but was a hiring manager at a large corporation and several times something similar cameup during background checks and we could not hire them. The charges do not disappear they are there permanently regardless wahtthe DA says.

I recommend that you get a Lawyer immediately. This charge can stay onhis revord and can hurt him for future employment. IF he gets a job offer they will do a background check on him and this will appear, most employers will not hire somebody with something like this on their record. He cannot go into Law enforcement, a job that requires contact with people why becasue employers think that he would " Go Postal' Fight the charge and if you can file a lawsuit against the woman and her boyfriend.

A lawyer may be expensive but not having a promising career is more expensive. I also recommedn that you get a copy of the police repor immediately and take it with you to the lawyer.

The case now is a "He said- She Said" but it can turn ugly for yur brother. Keep a copy of all paperwork for at least severn years but if you can possibly longer. I scan important documents and keep them on CD in a safe deposit box.

I wish you and your brother the best andhope this gets settled in his favor a

Answer 4

It sounds as if she's trying to get a "Protective Order" to keep him away from her. If he does not appear she will get one. He MUST appear to tell his side of the story, when he does, the judge will probably find no basis on which to grant one and tell everyone to move on. He was handcuffed to calm the situation down. He was not arrested because there were no grounds for arrest, just removal from the premises. If he has not contacted her or tried to contact her, including calling or following ( stalking ) , she can show no reason for a Protective Order and she'll probably be told to go about her business. Remember ...He MUST fight any kind of Court Order, as such an Order will follow him via his record. Go to court, state the facts, ( There was an argument, he left , hasn't returned, has no intention to and has moved on. Any and all harassment as the court will see is coming from her.)

Contact the police dept and request a copy of the police report. Your brother can get one easier than you. Give your brothers name, her name, the ex boyfriends name, address of the incident, time and date, if possible give one of the officers names..that should get them to the report.

Answer 5

Here are a couple of sites to do some research at. Hope this helps you out.