My Niece assaulted me and went to the police and filed assault charges. What do I do?

[toolfan38]

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

Hello,
What can I expect? how long will it take the Prosecutor to file or not file charges? I did nothing wrong and did not hit her. It should be her that should be charged with assault. Not having any money for a lawyer sucks. Any help would be great on what I should do.

Thank you for your time,
toolfan38

 

[single317dad]

If the prosecutor believes her story and thinks there's a case against you, then charges will be filed. Criminal charges are brought by the State (prosecutor), not the "victim" (your niece).

You should not discuss this matter with the police.

You should not be posting the details of this matter on an internet message board. What you've posted here may be evidence against you at some point. You would be surprised what constitutes "evidence" and how the truth can easily be twisted against an innocent party.

If charges are filed against you, then you need to discuss this matter ONLY with your attorney. The court will provide one for you if you cannot hire one on your own.

In the future, you should call police immediately when you are assaulted, even by a loved one.

STOP TALKING TO POLICE AND STRANGERS ABOUT THIS. When/if you get a lawyer, they'll tell you the same thing.

 

[toolfan38]

If the prosecutor believes her story and thinks there's a case against you, then charges will be filed. Criminal charges are brought by the State (prosecutor), not the "victim" (your niece).

You should not discuss this matter with the police.

You should not be posting the details of this matter on an internet message board. What you've posted here may be evidence against you at some point. You would be surprised what constitutes "evidence" and how the truth can easily be twisted against an innocent party.

If charges are filed against you, then you need to discuss this matter ONLY with your attorney. The court will provide one for you if you cannot hire one on your own.

In the future, you should call police immediately when you are assaulted, even by a loved one.

STOP TALKING TO POLICE AND STRANGERS ABOUT THIS. When/if you get a lawyer, they'll tell you the same thing.

Ok, I will and thanks for the advice.

 

[toolfan38]

What do I do now?

Hi,
I got a letter from the court. I have to be at the court house in a few days for Initial Hearing For Battery, Class A Misd. . What do I do when I go to this hearing? Can I be arrested after the hearing. I have three witnesses that saw the whole thing and pics of my face. Should I take these pics to this hearing?

Thanks

 

[stealth2]

Hi,
I got a letter from the court. I have to be at the court house in a few days for Initial Hearing For Battery, Class A Misd. . What do I do when I go to this hearing? Can I be arrested after the hearing. I have three witnesses that saw the whole thing and pics of my face. Should I take these pics to this hearing?

Thanks

The witnesses would be more useful than the pix. What does your lawyer say? 'Cause you really should have one.

 

[CdwJava]

If you cannot afford one, an attorney will likely be appointed for you at the arraignment (which is likely what this first hearing is). If this is an arraignment, then your witnesses will not likely be permitted to speak as an arraignment is typically for the reading of the charges, the request for a plea (guilty or not guilty), and the appointment of counsel. It could be possible to be arrested at court, though I suspect that would be unlikely unless you present a flight risk or an ongoing danger to the public.

Best bet would be to consult legal counsel ASAP.

 

[toolfan38]

The witnesses would be more useful than the pix. What does your lawyer say? 'Cause you really should have one.

Hi,
I do not have a Lawyer. I do not have the money for one. I am contacting a Pro Bono lawyer Monday. I have three witnesses, but my family friend wants no part in it, so I don't think I can get her to go.

Thanks