What can i expect

[jhelbaz]

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

On january 4th, 2009, i was arrested on simple battery charges. Here's the story, me and my mom were arguing, yelling at eachother, and things got out of hand. My current stepfather thought things were going to get out of hand, so he called the police. Well soon after my mom hit me in the head with an ice cube tray, and i threw a remote control at her. No one was hurt, and i spend 5 hours in jail before my mom bailed me out. The police arrested me on a *simple battery* charge. My mom wants to drop the charges, and she didnt want the police to arrest me in the first place, and she told them that, but they said that they had to arrest me because it was considered domestic violence. The county solicitor's office called her, to ask her some questions, and she told them that no one was hurt, and the police should NOT have been called. My mom is fine, and were doing better, im currently 17 years old, and im a senior in high school. I have alot going for me, and i dont want to end up in jail over this.
What can i expect as punishment for this whole thing, I just dont understand why there would even be a possibility of me going to jail for this, when there is no prosecution, because if my mom is called on the stand, she is going to say that she was not hurt, and that she if fine, and so am I.
Please help me someone, thanks,
JWhat is the name of your state (only U.S. law)?

 

[dan1978]

J- the punishment will be minimal... but you will be punished... given your age I'm guessing you spoke to the police freely about what occurred...learn a lesson= anything you say WILL be used against you...your mom can be subpeonaed to come to court should you choose to fight the charges...not sure if she has a right to invoke the 5th ammendment (meaning she chooses not to answer any questions)...the fact that she struck you as well may have preserved her right not to incremenate herself(5th ammend.)...but with the statement you may or may not have given the police will be enough for the prosecution to secure a conviction...your age and prior criminal history (which i assume is minimal) will likely land you a fine, possibly a short term probation, and/or community service, possibly a batterers education class or treatment services...of course the punishment will henge on you being tried as a minor or an adult...be sure and raise this issue with your attorney...and NEVER ADMIT ANYTHING AGAIN! (if you did)...good luck bud

 

[jhelbaz]

Thanks much, and i dont have any criminal history, and im 17 years old. The solicitors office called my mom yesterday, and asked her questions like, 1. Are you hurt, 2. Is he a threat now, 3. IS there any violent history with him, 4. Is he aggressive.
all of these question that were directed towards my mom were all given the same answer, NO.
The solicitor's office, told my mom, that they were either gonna drop the case or pursue it, after presenting it to the prosecutor. What is most likely goiing to come out of this case, will they drop it or will they pursue it, and if they do pursue it, what will be the punishment????
Thanks, J

 

[dan1978]

J- i already told you the likely punishments...i based those on what i assumed would be little or no criminal history... whether or not the prosecutor pursues the case is anyone's guess...if they have a budget, hopefully they will not want to waist any of it on this "family" issue... good luck.

 

[jhelbaz]

thanks dan, i appreciate it
J

 

[dan1978]

J- i dont know the law in your state...so if they pursue charges, dont forget to ask your lawyer about being tried as an adult or a juvenile...and of course the pros and cons of both

 

[jhelbaz]

ok will do, once again thanks