general legal ?

Question

General Legal Question?
Last night I was arrested for assault and communicating threats, the assault was spitting in her face. Communication of threats was she stated I was going to kill dog and slash her tires. The report was filed on 2/17/07 and I did not get arrested until last night. BTW, the dog is a house dog. My phone records indicate she called me at 11pm the alleged incident night and she also called me on 2/19/07. If u are so scared why are you calling me? I never answered the phone.
Now, I recently ended a relatinship with this persons daughter and her mother filed the charges. Remember she was on my property, however I still never said anything harsh or spit, I cant spit becasue of the meds I take. The mother and daughter both have felony convictions of making meth. I have none. There were also no witnesses. What do you think will happen? What should I do? The policeman said he was sorry and the whole thing was ridiculous. I was released on a promise to appear also.

Answer 1

several things need to happen here;
one- their testimony will have to be discounted, meaning that it is not reliable, that maybe hard to do because it is a mother daughter team and they are the only witnesses to the incident.
two- subpoena the arresting officer, to testify as to what he said.
three- the phone records.
four- the fact that they were on your property.
five- a doctor to state that you are physically unable to produce enough saliva to spit.
just because they both have priors it would be, in most cases
inadmissible in court unless it was a drug charge case against them. i have found that people who have engaged in
the production of meth tend to continue to make it but just get a little smarter about hiding it. it is possible that they will get caught again before the court date, if you get my drift.
otherwise get a lawyer to get yourself out of this mess.

Answer 2

Having heard these types of cases too often to remember them all...I can certainly understand the officer indicating how ridiculous the situation was.

The officer cannot sign the warrant against you as it was a misdemeanor offense that did not occur in his presence. He is therefore required to inform the Victim/Complainant that they must sign a warrant which they obviously did.

A case like this is what is known as a "He said .. she said" type case. The preponderance of evidence is what wins the case.

Any and all witnesses and information you can obtain to show the court concerning the lack of "credibility" and "reliability" of the two complainants is what you need to get!

If you know they make and sell meth....you need to report that information to your local police so that they can initiate an investigation into that problem!

You may also wish to ask to be represented by a lawyer before going to court! He will be able to assist you in building your defense and obtaining the evidence (Discovery) that will be used against you in court.

Best wishes!

Answer 3

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