assault by mutual consent charge

[help in Nebr]

My 17 yr old daughter. residing in NE, was charged with 3rd degree assault by mutual consent. the other party, age 19, daughter of a local county commissioner, has yet to be ticketed one week after the altercation. In addition, my daughter was told if she attended any more events at the local celebration the next 5 days, she would have autom. 5 days in jail. the other party attended every night. the police responded that since they had not ticketed her yet, she was allowed to attend the events. are there civil suits a minor can file against an adult for this type of conflict? what other legal options does she have?

 

[Tracey]

You can sue the 19 year old for assault & damages as your daughter's 'guardian and next friend.' I question whether a 19 year old is legally allowed to rely on the 'consent' of a minor. Since your daughter can't even consent to play volleyball yet, I doubt it. This sounds like some kind of a fight club thing. Was it? Talk to a PI lawyer about your chances.

Most states have 'appearance of fairness' or conflict of interest laws that kick in when family members or friends of prosecutors or police or the judiciary could be charged with crimes. In Washington, the local DA would have to appoint a special deputy prosecutor from another county to determine whether or not to charge the 19 year old. However, your daughter has no right to have the charges dropped merely because the other girl was not prosecuted.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.