Battey charge

[Johnj229]

What is the name of your state? Illinois. I was arrested for simple battery. I shoved a guy and he filed a complaint against me. He then had the charges dropped. However, in Illinois, after the complaint is files the state's attorney is the one that decides if the charges will be dropped. I stopped by the SA office yesterday to talk with the Asst. SA that is in charge of my case to find out what I could expect when I go to court. I was informed that the Asst. SA would not talk with me until I enter a plea in front of the judge next Monday. I am doing this without a lawyer. My question is what do I plea on this? Should I just plead guilty or no contest. I wrote a letter to the guy I shoved apologizing. The Asst. SA has this letter, so I actually have admitted guilt. Where do I go from here.

 

[avalongod]

battery

Well, franky:

1.) You should have gotten yourself a lawyer, at least a public defender if you couldn't otherwise afford one.

2.) Never put anything in writing...writing the appology letter was a mistake. I do understand the impulse to "make things right" and in a perfect world, that would have been all it took.

I would advise you to seek legal counsel immediately!!! Generally speaking, however, it is better to plead "no contest" than "guilty", as you are essentially admitting you can't win the case without specifically admitting guilt.

 

[JETX]

"however, it is better to plead "no contest" than "guilty", as you are essentially admitting you can't win the case without specifically admitting guilt."
*** Wrong!! You have clearly been watching too many 'law' shows on television and think that you are qualified to offer legal advice. You're not!!

There is NO real difference in a pleading of 'no contest' (Nolo Contendere) in lieu of guilty.

no contest
n. in criminal law, a defendant's plea in court that he/she will not contest the charge of a particular crime, also called nolo contendere. While technically not an admission of guilt for commission of the crime, the judge will treat a plea of "no contest" as such an admission and proceed to find the defendant guilty as charged. A "no contest" plea is often made in cases in which there is also a possible lawsuit for damages by a person injured by the criminal conduct (such as reckless driving, assault with a deadly weapon, aggravated assault), because it cannot be used in the civil lawsuit as an admission of fault. "No contest" is also used where there has been a "plea bargain" in which the defendant does not want to say he/she is guilty but accepts the sentence recommended by the prosecutor in exchange for not contesting the charge (which is often reduced to a lesser crime). It is standard practice for the judge to ask either the attorneys or the defendant, "Is there a factual basis for the plea?" before accepting it and finding the defendant guilty.

 

[racer72]

My reply: 12 volts DC.

 

[Johnj229]

What kind of a reply is....

12 volt DC??? I came here asking for some advise as I am making my first court appearance and don't know what to expect. I cannot ask for a public defender until that court date. If this 12 volt DC was some kind of a humorous remark, it went way over my head.

 

[racer72]

I didn't realize till after I posted my reply that you were asking about a battey charge, not a battery charge. I do not know what a battey is so nevermind.

 

[DogToenails]

racer72 is correct unless the poster means the OTHER kind of battery charge. If that's the case, I'd suggest you use either Visa or American Express to charge a battery.

 

[robsmoak]

battery

look, these clowns will make fun of you, but, remember (in most states) a misdemeanor is up to $1,000 and 1 year in County jail which is a rare sentence. You can almost always get a bit of an upperhand on the judge's sentence by being proactive... BATTERY? go to a therapist. Whatever you may think the sentence is, do it before you go to court. Judges are always impressed by self-imposed progress and will usually pose a lesser sentence, believe me... all jokes aside, look out for you. Judges will prosecute people who don't give a .. hey, they deserve the most... This coming from a retired Judge.... Good luck, tell me what happens

 

[Johnj229]

Battery charge

The battery charged was dropped by the State. I went before the judge and he ask for a plea. I entered a plea of "No contest" and that is not a acceptable plea in the State of Illinois for this type of offence. I then enter a plea of "Guilty" at which time the State's Attorney asked that the charge be dropped.

Now to address the two David Letterman wantabes. I hope that you have found something to occupy your idle time. People come to places like this seeking some guidance and advise as to what can be serious problems. People like you are what makes battery a crime to begin with.

Thanks to the good people that replied with some good solid advise.

Case closed.