very confused!!!

[blove29]

What is the name of your state? Nevada

I went to court today for the first time for a charge of midsmeanor battery. My brother and I got into a fist fight at our apartments, we are both roommates. After the fight had ended in which we both got beat up fairly badly, he suffered a laceration on the back of his head and I fractured my nose and got a black eye the following day. He decided to call the police and away I went to the detention center.

He does not want to press charges now, but he did give the arresting police officer a witness statement that evening and the police officer said just do not show up for court and the charges will be dismissed.

Now here is where I am confused... I filled out a form today stating my name, occupation, income, etc. And because I make too much money they told me that I needed to hire an attorney and my next court date will be to show proof that I have an attorney. The judge started flipping through paperwork to see of I could represent myself and said I needed to hire a private attorney.

Why do i need an attorney? Cant I represent myself? The charge will be dismissed if my brother doesnt show up right? We have discussed this incident, me and my bro and he said he was sorry he called the police, but he was very angry at the time. And we were both wrong.

I have hospital bills for myself for a fractured nose, a fractured cheek, and a cat scan. He has a hospital bill for a laceration on the back of his head, so we our both victims.

I have never heard of being forced to pay for a private attorney, and why do i need to if the case is supposed to be dismissed based on what the arresting police officer said about telling my brother just not to show up for court and case is dismissed. I do not want to waste money on an attorney and something sounds fishy to me.

 

[outonbail]

The charges will not be dropped because your brother doesn't show up to testify.

This is why the judge advised you to hire an attorney.

Sounds like damn good advice if you ask me.

 

[blove29]

Then why would the police officer tell my brother that if he does not show up the case is dismissed. Plus i have medical bills and proof from the hospital that this is not a one sided story and we are both victims.

 

[mommyof4]

A) The police officer had no idea what he was talking about.
B) He didn't think this was important enough to deal with.
C) He KNEW what he was saying was incorrect and doesn't want to see the charges dropped.


Take your choice.

Your records may help your defense, but legally, you are NOT both victims. You never filed a report. He did.

 

[blove29]

Ok, just spoke with my brother and he said he would write a letter asking to dismiss the charge and was told that the police officer told him, that by not showing up to court the case would be dismissed. But, that the officer told him he still had to file a police report. Also I have seen the police report, he has our names backwards so for the sake of the police report it reads like I am the victim. I think with the hospital bills, the police report, and my brothers letter. It should be enough ammo to get the case dismissed. Funny thing is he is about 6'2 and weighs about 230 pounds and goes to the gym daily. I am about 6'0 and weigh about 165. This whole case is just wrong.