This guy was threatening to burn down our house, told us he was going to shoot us, and all kinds of stuff. We didn't call the police when he did it because the police around here wouldn't do anything, and we were afraid if we did call them it would only make matters worse. My husband ran into him one day in town and he hit him 1 time. The guy pressed charges, now my husband is facing jail time because he was defending his family. Does anyone have any ideas as to what he should do when he goes to court? We can't afford an attourney and we were told that we can't get a court appointed attourney. Basically I feel screwed by our judicial system. We tried to tell the cops why he hit the guy and they said we could file charges against him for the things he said, but when it went to court we would be charged with retaliation which is a felony. Please someone help.
2007-03-22 18:28:12 · 8 answers · asked by Lindsey S 2 in Politics & Government ➔ Law & Ethics
If your husband is facing criminal prosecution, then he is entitled to a court appointed attorney. If he hasn't been arrested yet, then, he wouldn't be entitled to a court appointed attorney. However, there are a lot of attorneys that do pro bono work (take a case for little or no compensation). Your state attorney general should have a referral service for attorneys that work for a reduced rate.
Now for the bad news. If this man had physically attacked you or your children, then, your husband might have a prayer. However, assault after the fact, is illegal. My best advice to you is call the state bar association or the attorney general's office and find an attorney to help you.
2007-03-22 18:45:24 · answer #1 · answered by cherlindra2 2 · 0⤊ 0⤋
The retaliation statement was incorrect. The officer was basically saying he thought you were lieing about the harrasment.
Unfortunately, the law is against your husband. To argue that he was defending your family and was justified he would have to show the threats were iminent, meaning they would happen immeditely. The fact that your husband saw him walking around after the threats were made would negate this requirement unless it was very soon after. Now he can always argue the threats as mitigation.
Remember, when there is a problem call the police. Even if you think they will do nothing there is something on record. Unfortunately, it looks like you made the story up to the police: hince the relatiation comment by them
2007-03-23 03:29:31 · answer #2 · answered by Dr. Luv 5 · 0⤊ 0⤋
You really should have called the police from the beginning. Even if they didn't do anything, at least it would go on the record that you asked for help.
At this point, your best bet is to seek a free legal clinic. Many law schools provide this service, and many non-profit groups have legal consultants that you can talk to for free or very low cost. Ask the court clerk or numbers, or search the internet.
If he does have to represent himself in court, he will get a chance to explain his side of the story. I don't think he will get off free, because assault is assault, but the judge will take the threats into account.
2007-03-22 18:34:34 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Um, no he wasn't defending his family. You weren't even there. There was nothing to defend. What he actually committed was battery, not assault.
What he did was take the law into his own hands. He saw this chucklehead who had been threatening you, they had words and he hit him. If your husband was facing imminent danger from the guy, he would be privileged to respond with equal force. The guy evidently just talked nasty, so your husband had no privilege.
Obviously the police around there do something, or your husband wouldn't be in his fix. Bummer. Lesson learned, eh?
2007-03-22 18:34:33 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Your husband hit the guy, which is assault. You cannot go up to someone and physically attack them because of what they said last week or last month which may be threatening to you. He was not defending his family because the two incidents did not occur at the same time.
The court and law enforcement is correct on this one.
2007-03-22 18:32:48 · answer #5 · answered by msi_cord 7 · 0⤊ 1⤋
Well to start you should have called the police to begin with.
If this person was at your home and making actions to attack you yes then he is defending you, but not down town when he runs into him. I'm afraid as to law your husband has not got a leg to stand on. We can not take the law into our owne hands.
I know this is not what you want to hear but the law is the law.
2007-03-22 18:45:08 · answer #6 · answered by David R 4 · 0⤊ 0⤋
The only thing you can do at this time is to stand by your husband and testify that this guy threatened you and your family and he said that he was not kidding. You became petrified and couldn't sleep at night. Tell the court exactly what happened with the hope that justice will prevail.
2007-03-22 18:36:41 · answer #7 · answered by Anonymous · 0⤊ 0⤋
You can thank the Johnson administration's "Great Society" for that. It opened the door for "rights" for criminals. That's why you hear stories about burglars who were "assaulted" by the homeowners turning around and filing a lawsuit. It's a joke and we only have the Democrats to thank. At the end of the day, it's a damn joke and a shame.
2007-03-22 18:35:14 · answer #8 · answered by Viginti_Tres 3 · 0⤊ 0⤋