dv victim arrested through self-incrimination

[Bmor6a]

What is the name of your state (only U.S. law)?

New Jersey

My name is Brandy. In December '06 I was arrested after my boyfriend at the time attacked me. I was mentally and verbally abused for 2 years and had enough. In this situation I was very angry and threw an empty soda can without aiming. The can hit him in the head and he attacked me by slamming my upper arm in a door and choking me by holding me up with the back of his upper arm. When the police came and questioned me I told them everything that happened. The police arrested me then read me my miranda rights. They didn't tell me I was arrested for throwing the soda can but for my ex having scratches on the sides of his belly. During the case hearing the prosecuter (?) told me that if I plead guilty my child will not be taken away from me and I will not go to jail so I plead guilty. What I couldn't understand was why they arrested me though I did throw that soda can and my ex didn't get arrested. Was everything done legally? I understand that the time for appeals is up but is there anything else that can be done to possibly get this off my record without waiting another three years for an expungement?

[FlyingRon]

Throwing things at people is assault. They don't have to know the full story when they arrest you, the investigation continues after the arrest. You pled guilty, so that pretty much removes most defenses you have to anything. What makes you think they have to arrest the victim. Past abuse doesn't excuse your actions. Retaliation isn't justified even if the victim had previous committed a crime against you.

Did you not have a lawyer through any of this?

What were you found guilty of? Were you placed on probation?

What makes you think things are going away even in three years?
This isn't your driver's record. It takes 5 years after your release from probation for even the most minor disorderly conduct offenses, 10 years for most others. Even then it's not automatic, you have to petition the court for it.

[Bmor6a]

Originally Posted by FlyingRon

Throwing things at people is assault. They don't have to know the full story when they arrest you, the investigation continues after the arrest. You pled guilty, so that pretty much removes most defenses you have to anything. What makes you think they have to arrest the victim. Past abuse doesn't excuse your actions. Retaliation isn't justified even if the victim had previous committed a crime against you.

Did you not have a lawyer through any of this?

What were you found guilty of? Were you placed on probation?

What makes you think things are going away even in three years?
This isn't your driver's record. It takes 5 years after your release from probation for even the most minor disorderly conduct offenses, 10 years for most others. Even then it's not automatic, you have to petition the court for it.

Ok. Wooh. I didn't expect that type of response but ok. Well to answer your questions in the order you gave them to me:
Yes, I know it was assault but what the "victim" did after I hit him with the soda can wasn't self-defense. It was retribution (or in your words retaliation): He chokes me and slams my arm in a door as payback because I hit him with a soda can. That is why I thought he would also get arrested. Yet nothing happened to him: no arrest.

To be honest, I was ignorant of any court proceedings. I don't watch the news or law shows and have never been in any trouble before or after this situation. I didn't know I could have a lawyer at any time because I knew I was guilty for inadvertantly hitting him with that can.

I plead guilty to simple assault and received one year of probation with fines and a mandatory anger evaluation. (Note: Whomever gave me the test asked me what I was doing there because the evaluation revealed I wasn't angry but depressed. She said I should be in domestic violence victims therapy, not anger management counseling.)

I have already petitioned the court system for an expungement in Feb. '09. The courts stated "...dismissed without prejudice. Please petition in Dec. 2012." That's why I believe I can petition in 3 years. Not have "it go away" in 3 years. I understand that even after I petition, it could take a while for the expungement to go through.

[FlyingRon]

Originally Posted by Bmor6a

That is why I thought he would also get arrested. Yet nothing happened to him: no arrest.

Did you file a complaint? Anyhow, it's too long ago to worry about that.

I didn't know I could have a lawyer at any time because I knew I was guilty for inadvertantly hitting him with that can.

If you come out of this with anything, learn that you should always seriously consider having a lawyer when dealing with criminal matters.

I have already petitioned the court system for an expungement in Feb. '09. The courts stated "...dismissed without prejudice. Please petition in Dec. 2012." That's why I believe I can petition in 3 years. Not have "it go away" in 3 years. I understand that even after I petition, it could take a while for the expungement to go through.

They seem to have you on the 5 year path. That's good because to me simple assault would appear to be a 10 year. At lease they didn't bar you from reapplying when you prematurely petitioned. Stay out of trouble in the interim. Additional convictions will screw up the possibility of expunction.

[VeronicaLodge]

when they read you your miranda rights, they informed you of your right to have a lawyer. dont ever listen to the advice of the prosecutor, he is not your lawyer, he is the lawyer for the other side.

[Bmor6a]

Thank you FlyingRon and VeronicaLodge. You both were very helpful. I definitely won't be getting into anymore trouble. This is a lesson I had to learn the hard way and will never repeat.