aggravated assault&criminal tresspass HELP

[sylacey]

What is the name of your state?I am in GA. In november 2002, I was late coming home and my husband was mad cause I was late. I decided instead of arguing with him I would just take my daughter, from a previous marriage, and leave. I went to call my dad and ask if we could stay with him but he cut the phone line and said we were staying there. I went to get in my car and he parked his truck behind me so I couldn't get out. I tried to move around him but I guess with being upset I ended up reversing and barely tapped his car there was no damage done to either vehicle. His sister and mom and everyone lived next door and he walked off to their house. While he was gone I moved his car and left. Later the police arrest me and charge me with criminal tresspas saying I cut the phone line and aggravated assault saying I tried to run him over with the car. I didn't know they could accuse of that stuff without that much proof. Anyway I stayed in jail like a week maybe might have been less. I got a lawyer and I got divorced from the guy that charged me with all this stuff in July 2003. A few days after I went to court for the divorce I got arrested on a bench warrant for not appearing to a court case. They had my address wrong the numbers were all mixed up mine was like 1472 and they had 4712. Anyway they didn't have my lawyer listed either. I was angry so I fired him and got a new one. Anyway, it still hasn't been to court yet so I have a pending felony, this means I can't vote and very hard to get a job. What is the statute of limitations on being prosecuted? Are we truly innocent until proven guilty because I haven't been proven guilty but I sure have been treated like I was. How long until I can get this resolved and if it is he says she says like the case is do I need to be worried? I just need some help. My current lawyer just wants to wait on everything and why are lawyers so hard to actually talk to? Wouldn't this fall under self defense if I did do something wrong? Thanks for any ideas or answers.

 

[hittingrabbit]

Actually you should have left and filed charges of kidnapping,in South Carolina,if a person,holds,retains,restrains,or otherwise prevents a person from movement,unless specifically provided for in the person's protection,may be charged for criminal kidnapping.
person's protection is designated if a person shows an attempt to harm themself such as jumping off of a bridge,or stepping in front of a vehicle,then they can be lawfully witheld against their wishes.
On the other hand if someone just wants to leave someone preventing them from leaving is considered kidnapping.
By his actions of moving his vehicle behind yours establishes an attempt to constrain you,by unlawfull means,you in your own right of self preservation and protection had a right to smash into his vehicle if you so wished to avail an oppourtunity to escape.
You would not have any right to run him over unless in immediate danger to warrant the action.
Also I wanted to respond to the matters of the attorney.
do you trust attornies in general?
Probably not most people dont.
If you beleive your attorney is not representing your best intrest as provided for by law then you may fire him.
On occasion defendents have successfully had a new trial,due to a defendent proving their attorney did not represent them appropriatly(very difficult to prove),but one cannot help but feel that a good attorney would be that in which would even be burdened of blame at least in the eyes of justice,so as they actually fullfill their agreement,even if the defendent was to receive a new trial with another attorney,and may very well result in a suspension from the state bar association.
Even if the attorney did not use it as a specific tactic of defence,it is effective and thus counters arguement that the attorney failed representation to a client.