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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 11-19-2005, 05:06 PM
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Join Date: Nov 2005
Posts: 1

assault charge please help


What is the name of your state? Connecticut

At my college an incident occured where there was damage done at my apartment by some boys and after we threw them out, my roomate was really mad and wanted to go find them. Like an idiot, I went along with him, over to campus and we parked his truck to find them. After we thought we had seen one of them, a girl started screaming profanity at us from her dorm window, and then came outside. She got in our faces, and then punched me in the face...i did not do anything but step away, and she came at me again and punched me in the nose again. To stop her from hitting me again, I grabbed her arms and shoved her away from me. Because of how drunk she was she fell her on face and broke her nose and chipped a tooth. I did not know she had received these injuries, and I walked home to avoid any further altercations. After that she must have went to the police station and then there were police in front of my apartment. Without asking me if i wanted to press charges against her, they arrested me with 3rd degree assault. It turned out that this girl was friends with the boys that we had thrown out of our apartment and she must have been there too to recognize us. After I was let out of jail without having to pay any bond the next day, i went to the police station to press charges against her. The police officer at the desk said that they were expecting to see me there because they figured I would have wanted to press charges. Very nicely, he gave me the detectives number on the case. I went home and called him, and he the detective told me that there are three statements saying that she had assaulted me first, he then followed that with saying "its a woman's world." and then said to use it as self defense in court and that he had another call and had to go. I have court coming up and they are threatning to expell me from school. I would greatly appreciate it if there is any advice that can be given to me on what to do. I am very scared of what may happen to me. Thank you for any advice.

Last edited by BTale2g; 11-19-2005 at 05:09 PM.
  #2  
Old 11-19-2005, 10:55 PM
Senior Member
 
Join Date: Jun 2005
Posts: 2,425
You have a right to do a 'citizen's arrest' of that woman.

Push it - that detective is duty-bound to follow up on your allegation.

At a minimum, get the names of the witnesses who spoke on your behalf.

Ask for a copy of the police report ( you may not get a copy til your court appearance, or your atty request).

Go on the attack. Press charges against her.
It looks bad, as you were in her area/address, but it may make her back off if she's wrong.
or, ... serve her with a civil suit.

At least you have a defense, with witnesses to back you up.

Hire an atty & have s/him call the DA's office and find out if they are going to file & inform them of your defense.
  #3  
Old 11-20-2005, 12:21 AM
Member
 
Join Date: May 2003
Location: Austin, Texas
Posts: 853
First, obviously, get a lawyer.

Second, as you might already have guessed, the police don't have to make an arrest just because you tell them to. It's up to them.

When you get a lawyer, tell him about the other witnesses the cop mentioned. If there are other people who can back up your side of the story, that will be a great help to you.

Don't be frightened. Spend some time to find a lawyer that you trust, and look up the laws on assault and self-defense in your state, so you understand them. If there's people who saw what happened, talk to them, and find out what they have to say about it. See if they'll make a written statement, and if they're willing to come to court.
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