We got into an argument, I told her I didn't wnt to see her again, because of trust issues, I visited her at her house, we argured, holding/wrestling occurred, she ask me to leave, I left, she called me soon after, to imform me that she was going to probably press charges, she did, I WAS ARRESTED ABOUT 3 HOURS LATER. I was charged and releast 30 minutes later, I was given an appear date for court.
2007-01-05 14:23:25 · 17 answers · asked by ray c 1 in Politics & Government ➔ Law Enforcement & Police
Prove in court that you did not commit any worngdoing otherwise you could be incarcerated if found guilty. Gather evidence, pictures and documents to prove your point.
2007-01-05 14:26:55 · answer #1 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
Yes you do. You have encountered what many men have. Alot of women are using domestic violence law as a weapon to be used just because they are pissed. Law makers are not about to change this law because its an easy money maker for them. Prosecutors almost never will drop charges because they know its an easy conviction.To make matters worse if the woman trys to drop charges later most states will pick up the charges. Prosecutors do this just to advance their careers. The more convictions they have the better they look. If you get a lawyer he'll be able to get it dropped to an disorderly conduct charge... but don't expect anything less. Its a perfect example of how a law that could have been used to help so many has been abused.
2007-01-05 16:51:22 · answer #2 · answered by Charlie J 2 · 0⤊ 0⤋
When it comes to Domestic Violence in this Country the laws SUCK and they usally look like they are fork the victim but in reality they are for the offender. Now when you say that "holding/wrestling" ensued in the state of Illinois she would have needed to go to the hosptail if the cops did not come right away. She also would need to have marks on her and a good doctor could tell how long they have been on her. If you were "holding" her and she was able to get you arrested for it then you must have been grabing her pretty tight. In the state of Illinois it is very hard for you to prove that you didn't do anything but since formal charges have applied then my best advice is to get an attorney and then enroll before your court date in an ANGER MANAGMENT class. That will look really good to the judge and if you ("claim") didn't mean to do it it will show the judge that you were serious enough to realize that you did something wrong and it will make you look better.
Don't get me wrong I think that you were wrong for a laying your hands on a female (unless it is in self-defense). I am a Criminal Justice student and I am hoping to work with Victims of Domestic Violence.
2007-01-05 15:20:44 · answer #3 · answered by packet69 2 · 0⤊ 0⤋
You can't drop charges because you can't press them in the first place. When someone commits a crime that person is charged by the state, not by the victim. He has violated his parole by committing the domestic battery, and will be returned to prison. He will also face charges for this latest crime. If the prosecuting attorney needs your testimony in court, he can have a subpoena issued, ordering you to court, with a charge against you for contempt if you do not cooperate. As others have said, are you planning to wait for your fiance to kill you before you finally see the light? You need to drop this loser, unless you want to be hurt more and possibly killed in the future.
2016-05-22 21:41:09 · answer #4 · answered by Anonymous · 0⤊ 0⤋
YES YES YES
Immediate consequences may sound minimal (anger classes, volunteer work, etc.), but you may find out later that any domestic violence conviction carries consequences that will stay with you the rest of your life. Some basics:
1) No right to take a gun on federal land, ever again.
2) In California, 10-year gun prohibition.
3) Exclusion from military service.
Also, jurors realize that many women who report this crap are just mean, ball-busting skanks who hate men. You may have a defensible case.
2007-01-05 16:25:19 · answer #5 · answered by Anonymous · 0⤊ 0⤋
If it's your first offense, it's a misdemeanor but, take it from someone who knows!!. To start with they will probably do one of two things, 1st, probation for 6 months to a year, if you plead guilty. 2nd., you could be made to serve 30 to 90 days if she has bodily injury whether you did it or not. If she fell down and skinned her knee, IT'S YOUR FAULT!. WARNING!!! If you can prove you didn't assault her, and I
would advise you to look-up the legal definition, don't! plead guilty
because after that, all she has to do is pick up the phone and call
the police and whether you were even there or not THEY WILL
ARREST YOU!! Now the Question i have for you is how, if they
didn't SEE you do it, did they arrest you 3hrs. later? Isn't that
(POST-ECTO-FACTO!) " after the fact? and did she have marks on her and did you admit to anything? I seriously question the arrest!!!GOD BLESS/GOOD LUCK!
2007-01-05 15:34:22 · answer #6 · answered by Chuck-the-Duck 3 · 0⤊ 0⤋
Yes - get a lawyer. Hopefully she does not have enough evidence for you to get convicted, but you would be better off having a lawyer help you.
At least it was not a felony charge (which it can be either in some states). a misdemeanor charge most likely means that there were no bruises for not enough to her story to convince the District Attorney but that they were obligated to check out her story.
2007-01-05 14:29:55 · answer #7 · answered by boilerfanforever 3 · 1⤊ 0⤋
Best bet is to get an attorney....laws differ from state to state but if convicted you could face up to a year in jail and 2500 dollar fine...that is if you live in Virginia. Not sure about other states but one thing is for sure You are always better off at least talking to an attorney. Even if you don't retain one you should at least get a consult. There is an old saying that someone who represents himself in court has a fool for a client.,,,Good luck.
2007-01-05 14:34:28 · answer #8 · answered by Doubletap 2 · 1⤊ 0⤋
Boy ! that was chickensh*t. You need to call her on the phone, be nice, bring it up and ask her why she lied, who knows maybe she will admit it, if so, give it to your attorney (tape it) . Yes you do need a attorney, if you can not afford one, they have to appoint you one for free. Hey, get some evidence and clear yourself. Bet your glad you did not marry her.
2007-01-05 14:29:57 · answer #9 · answered by m c 5 · 0⤊ 0⤋
if you can afford one, you should really get one.
depending on how things go in the court room, she may seem more of a victim than she really was, and you may be seen more violent than you really were. Language is very important in the court room. get a lawyer.
2007-01-05 14:28:33 · answer #10 · answered by Anonymous · 2⤊ 0⤋