Representing Myself on Misdemeanor Battery

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

Hello- My name is Jay. I wasn't eligible for court appointed council since I have a job. Unfortunately, I don't make enough to hire an attorney either. I live check to check. Anyhow- last year I was involved in a scuffle at a restaurant/bar and received two charges- simple battery, and battery. Both misdemeanors. I wasn't arrested on the scene as I left after the scuffle. I turned myself in because I found out there was a warrant for my arrest. The scuffle itself started after two presumably drunk guys came out of the bar, saw me standing with a group of people and proceeded to tell us they overheard someone use the "lords name in vain" and they didn't appreciate it. I stepped up and told both of them to leave us alone, we didn't know what they were talking about. As I pointed the opposite way, one of them grabbed my hand/wrist area and turned it. At this point, I punched him in the nose with my right fist and he hit the ground. I looked at his friend, still standing defensively and he turned to help his friend. At this point, I walked back to my car with my guest and left the premises. This is all stated in the police report that the two guys gave to the cop. They actually told him they were inside drinking, walked outside and overheard someone say Jesus Christ decided to confront the group (us). What the hell. I'm at a loss here. It sounds absolutely rediculous and it is. Any suggestions are appreciated. I cannot afford an attorney and my court date is December 2nd, 2010

If you don't want criminal convictions on your record, then you had better get an attorney. It may be a ridiculous case, but it could have serious consequences for your future.

if you can prove that you were threatened with physical violence, or that someone physically touched you first and you did not pursue any physical effort other than to defend yourself, the judge should drop the charges. witness testimony, bruises, etc, that will work in your favor would be examples.

First thing to remember: The "state" may be prosecuting you but you was not arrested by police, you were arrested on a criminal warrant that some person(s) swore against you. The burden of proof is on them. I suggest you read up on court procedure and rules. Heck, in most small courts you can simply walk up to the judge when he calls your name and say "BOUND IT OVER TO THE GRAND JURY". Half the time a grand jury may not indict you especially if the district attorney is low on resources. (It cost them money as well) Try this website: Mercer University School of Law: Library - Georgia Resources

From what you say, it sounds as though you are accused to have "said the Lord's name in vain" in Georgia. Go figure. I live in Tennessee and still haven't figured out exactly what the "Lord's Name" really is. In any event, you were confronted and felt that the confrontation was a presentment of "fighting words" that made you feel threatened. As you averted direction to another direction, you were physically "grapped" whereby your wrist was twisted causing pain and an imminent threat of "bodily injury" thus you were therefore lawfully allowed to "defend" yourself. In defending yourself, the "self-righteous bully" got his mouth busted and in spite of the associate that was with "his friend" standing in an "offensive" posture, you "backed away" and left. The only problem is the dude who got his mouth mashed ran to file criminal charges FIRST. Try this as an additional thrust... Go to the clerk's office and swear arrest warrants on the bully. Also, start learning the "civil procedure court rules" for georgia courts and file suit againt the "bully" for damage to your wrist and emotional distress.

Friend, a lawyer is just someone that jnows the rules and merely speaks for a person that doesn't possess the capability to express themselves. Do not go broke on this and ignore these comments that reguardless of being paycheck to paycheck you need to run down and flop down a $1,500 retainer to some lawyer (if you could get one that cheap in Atlanta) and handle the case facts yourself. FOCUS ON YOUR WITNESSES. FOCUS AND PRESS FOR A JURY TRIAL (it pumps up costs to prosecute as well as allows time to slowly tick away). As you prepare for your legal battle, place a few bucks to the side for "just in case" cash. Even if you are found guilty, what's the penalty IF you are a hard working guy that merely defended yourself?

Have fun with it and once you stare down the intimidation of the entire court system you will feel as right as rain!! Good luck.