I have court coming up should I say the other person grabbed me first? This is a battery charge, not domestic either with a friend. I actually grabbed this person first and then they scratched me. What should i ADMIT TOO?? They were in my house and would not leave. Threated me and got nasty
2007-01-25 00:28:11 · 17 answers · asked by notguilty 1 in Politics & Government ➔ Law & Ethics
this is a civil charge...she bascially wanted me to take her home and was getting nasty. Said if I dont take her home she is going to wreak my care and my car was parked outside. This is not domestic battery, battery charge. It will be trial by jury.
2007-01-25 00:51:37 · update #1
If this person was in your house and wouldn't leave when asked, threatened you and THEN when you grabbed this person to protect yourself by forcing the aggressor off your premisis and you got scratched you have nothing to hide. You were protecting your life and property.
Go that way, shift the focus off of you as the instigator in order to lay claim to being the victim.
2007-01-25 00:39:24 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Sounds like you are charged with a misdemeanor battery. Your best bet is to be truthful with the judge.
Be sure you understand what you are charged with. The judge, assuming he is competent, will try to make sure you do understand the charge. If this is a first offense and the injury is minor, you might get off with a suspended sentence, a fine, or probation. Frankly, I would plead not guilty. Trying to remove an unwanted person from your home is not illegal. Under such circumstances some force is allowed if the person won't go.
2007-01-25 00:43:53 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Is this a civil charge, or a criminal charge? I sense from something that it is a criminal charge, (that "the state" is prosecuting you) When the law is on your side, pound on the law. When the facts are on your side, pound on the facts. When neither are on your side, pound on the table. Seriously. in this case it is the facts. It was your home- they would not leave- they were being disagreeable. You hoped a little encouragement would cause them to do the right thing. You should NOT plead guilty or not guilty or no contest. Simply explain the situation, and maintain that the Law as presented does not apply. It was on private property, and the other party was the aggressor.
2007-01-25 00:45:33 · answer #3 · answered by hasse_john 7 · 0⤊ 0⤋
Don't admit anything, don't _say_ anything. Silence is your friend. Don't talk about the case, even to friends. Do not got to court without a lawyer, your future is on the line. If you can not afford a lawyer, tell the court and they will appoint one for you. A Public Defender beats nothing, and will advise you what to do. Otherwise, paying a lawyer in this situation will be worth the cost.
2007-01-25 00:36:48 · answer #4 · answered by steve.c_50 6 · 0⤊ 0⤋
The cop counseled you seem in court? sweet. first of all, the first date set (i.e. the date on the fee ticket) is your arraignment. seem early (until eventually you may do it on line) and dressed properly. Plea "no longer to blame" and request a tribulation date. The court will set a date, in all likelihood interior 30 days (you've a precise to a date interior 40 5 days, searching on the statute of obstacles on infractions on your state). seem on the trial early and dressed properly. If the cop would not take position, your case will be disregarded. If he does take position, refer to him. do not tell him you probably did it, only locate out what he intends to assert. in case you do not sense like battling it, tell the court that when discussing it with the officer/reviewing the data/getting to renowned the regulation, you sense it is on your perfect pastime so that you'll plea to blame if the court will help you wait site visitors college. The court ought to agree.
2016-10-16 02:12:11 · answer #5 · answered by shoe 4 · 0⤊ 0⤋
Tell the truth, don't make anything up or lie,it always comes out. Dress professionally, suit and tie and speak correct English. Do not interrupt anyone, let them talk and only speak when spoken to. Answer only the question being asked and don't elaborate.
2007-01-25 00:40:05 · answer #6 · answered by Brian G 2 · 0⤊ 0⤋
You should tell it like it really happened, you are allowed to protect your home...when you told the other person to leave, and they wouldn't, you have the right to use force other than deadly to eject them. Bouncers in clubs do it all the time. Talk to your attorney or public defender before you say anything in court, he should be able to explain the legalities of it.
2007-01-25 00:35:00 · answer #7 · answered by boots 6 · 2⤊ 0⤋
check with your attorney but you did just admit you grabbed your friend first if anything the judge will say you should have called the police if your friend didn't leave so if you go to court talking the way your asking this question I'm sure you will be found guilty GOOD LUCK!
2007-01-25 00:34:29 · answer #8 · answered by Anonymous · 0⤊ 1⤋
dude i know this is gonna sound stupid but only admit to the truth
also explain everything fully and take ur time
the ppl asking u questions are usually just trying to trip you up(this part might not be ne good to u)
be calm and keep a hold of yourself
hope it helps and good luck
peace out :)
2007-01-25 00:33:41 · answer #9 · answered by Anonymous · 1⤊ 0⤋
Dont admit to anything..just say that u were under the influence of alcohol and weed and didn't have any idea what happened..u totally forgot anything that happened..
2007-01-25 00:32:43 · answer #10 · answered by Christopher 3 · 1⤊ 0⤋