What Ever Happened To Old Fashioned Self-Defense?

[cookiesnmilk]

What is the name of your state?What is the name of your state? pa

If someone comes to your home, and an altercation ensues, why isn't it assumed that they were there to start trouble? I wouldn't accompany my boyfriend to his ex-girlfriends house for any reason. Well that's exactly what happened. My ex, and his girlfriend came to my home during the holidays-she got out of the vehicle(that she had been sitting in), she walks up behind me, ask(it's not clear to me whether she was asking him, or me what the f%#! was going on)I ignored her, she gets inches with the back of my head, I turn around tell her it doesn't concern her, she replies "if it concerns my man, it concerns me" I told her to get from behind me(not as nicely as I'm saying it now & ended it with the b-word)- she swings a punch-an altercation ensues, her nose is busted, and she cries bloody murder. I wasn't arrested, but she flew down to file criminal charges at the DA's office. I waited until the next day. Too, late. She'd beat me to the punch. So, now I have to defend myself against criminal charges, because she decides to interject herself into an argument between me an my ex. Nevertheless, she wants to take it to trial. We could have settled the matter on two prior occasions. She didn't want to mediate. I can't afford an attorney, therefore I'll have to rely on representation from the defender's association-and I can only pray for an experienced one that will take into consideration that she touched my person first, was at my home, lives in another state, and had no business here and use the appropriate law where applicable. I know you shouldn't tell your attorney how to represent you, but are there any suggestions as to what I can expect to happen?

[seniorjudge]

Originally Posted by cookiesnmilk

What is the name of your state?What is the name of your state? pa

If someone comes to your home, and an altercation ensues, why isn't it assumed that they were there to start trouble? I wouldn't accompany my boyfriend to his ex-girlfriends house for any reason. Well that's exactly what happened. My ex, and his girlfriend came to my home during the holidays-she got out of the vehicle(that she had been sitting in), she walks up behind me, ask(it's not clear to me whether she was asking him, or me what the f%#! was going on)I ignored her, she gets inches with the back of my head, I turn around tell her it doesn't concern her, she replies "if it concerns my man, it concerns me" I told her to get from behind me(not as nicely as I'm saying it now & ended it with the b-word)- she swings a punch-an altercation ensues, her nose is busted, and she cries bloody murder. I wasn't arrested, but she flew down to file criminal charges at the DA's office. I waited until the next day. Too, late. She'd beat me to the punch. So, now I have to defend myself against criminal charges, because she decides to interject herself into an argument between me an my ex. Nevertheless, she wants to take it to trial. We could have settled the matter on two prior occasions. She didn't want to mediate. I can't afford an attorney, therefore I'll have to rely on representation from the defender's association-and I can only pray for an experienced one that will take into consideration that she touched my person first, was at my home, lives in another state, and had no business here and use the appropriate law where applicable. I know you shouldn't tell your attorney how to represent you, but are there any suggestions as to what I can expect to happen?

Sounds like you threw the first punch that landed. That means you can't claim self-defense.


Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat.

Bathe and wash your hair.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and the ticket not go on your record, if applicable.


Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.

3. I’ve got a job in [name a state five hundred miles away].

4. This is the first time I ever did this.

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.”)

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Public defender’s advice

[url]http://newyork.craigslist.org/about/best/sfo/70300494.html[/url]


Other people may give you other advice; stand by.