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jbrace
07-16-2009, 12:35 PM
****

Reason
07-16-2009, 12:38 PM
My question is, what are the chances of this holding up in court if for one, it happened in my house and two, the the guy was over 21 and hit a 16yr old?

Good luck proving it?

angelatc
07-16-2009, 12:39 PM
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jbrace
07-16-2009, 12:40 PM
***

PaulaGem
07-16-2009, 12:40 PM
I don't understand why it took him so long to swear out the warrant. It seems that this delay impairs your defense.

I would start getting affidavits (sworn and notarized statements) of people that were there right away. That way if this thing drags on you have the details down to refresh their memory if they have to go to court and you may also have enough ammo to get the warrant dismissed. You might also look into having your brother file charges with the affidavits to back him up.

Not that knowledgeable in criminal law, but just a couple of ideas.

PaulaGem
07-16-2009, 12:43 PM
It's actually on video that he swung and hit my brother.

Definitely - file counter charges and if your brother has been harassed since that incident by the same person have him file for an order of protection.

brandon
07-16-2009, 12:45 PM
I really don't understand how you could not know there is a warrant for your arrest. Were you arrested during/after the fight? The police can't just press charges on you without telling you. Something doesn't add up here.

Anyway, the FIRST step you should take is get access to ALL police records and reports relating to this matter. You will need to subpoena the records. You can do this yourself, but the process may be complicated. If you can't figure it out yourself, hire a lawyer. You do not want an assault charge on your record. That will haunt you for life.

brandon
07-16-2009, 12:46 PM
Definitely - file counter charges and if your brother has been harassed since that incident by the same person have him file for an order of protection.
This isn't a civil suit.

Citizens cannot file criminal charges, only the state can.

Reason
07-16-2009, 12:46 PM
It's actually on video that he swung and hit my brother.

Post it for us :)


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+1


I don't understand why it took him so long to swear out the warrant. It seems that this delay impairs your defense.

I would start getting affidavits (sworn and notarized statements) of people that were there right away. That way if this thing drags on you have the details down to refresh their memory if they have to go to court and you may also have enough ammo to get the warrant dismissed. You might also look into having your brother file charges with the affidavits to back him up.

Not that knowledgeable in criminal law, but just a couple of ideas.

+2


Definitely - file counter charges and if your brother has been harassed since that incident by the same person have him file for an order of protection.

+3

Definitely have your brother file charges and get a restraining order going.

PaulaGem
07-16-2009, 12:46 PM
If you have clear proof that you were defending your brother you may also be able to have charges filed for false reporting.

Read the complaint he made. See if you can get affidavits from witnesses to show that he lied on the complaint - bingo - false reporting.

Reason
07-16-2009, 12:48 PM
This isn't a civil suit.

Citizens cannot file criminal charges, only the state can.

What are talking about?

Any civilian can go to the police station and file charges against someone for assault as well as go to court and fill out the paperwork for a restraining order.

torchbearer
07-16-2009, 12:49 PM
This isn't a civil suit.

Citizens cannot file criminal charges, only the state can.

you can bring your accusations to the D.A. or the A.G. and they can file the charges.
If it is louisiana, the D.A. brings the accusations before a grand jury, and the grand jury decides if their is sufficient evidence to bring it to trial.
So, the D.A. works for the grand jury, not the other way around.

brandon
07-16-2009, 12:50 PM
What are talking about?

Any civilian can go to the police station and file charges against someone for assault as well as go to court and fill out the paperwork for a restraining order.

Restraining order...yea anyone can do that.

Filing assault charges? Nope only the police/state can do that.

brandon
07-16-2009, 12:52 PM
you can bring your accusations to the D.A. or the A.G. and they can file the charges.
If it is louisiana, the D.A. brings the accusations before a grand jury, and the grand jury decides if their is sufficient evidence to bring it to trial.
So, the D.A. works for the grand jury, not the other way around.

Yep this is one way it works, but they don't have to press charges just because you ask. It's still up to them.

In this case, the alleged fight happened over a year ago and there is no real evidence. The police, prosecutor, etc will not press charges in this case.

Todd
07-16-2009, 12:53 PM
I really don't understand how you could not know there is a warrant for your arrest. Were you arrested during/after the fight? The police can't just press charges on you without telling you. Something doesn't add up here.

Happens all the time. If they can't locate you they won't serve you. It remains outstanding until they run a check on someone and find out they're wanted. It sucks, but that's standard on anyone getting arrested.

acptulsa
07-16-2009, 12:55 PM
The video probably won't even be admitted as evidence unless you have those affidavits. Unless you can have eyewitnesses on the stand to swear that was the same night, the same place and the same incident, and testify to details, the judge could well disallow it.

PaulaGem
07-16-2009, 12:55 PM
Yep this is one way it works, but they don't have to press charges just because you ask. It's still up to them.

In this case, the alleged fight happened over a year ago and there is no real evidence. The police, prosecutor, etc will not press charges in this case.

Then why the warrant? Does the other guy have an "in"? Affidavits from witnesses are evidence. If he goes in with affidavits and the other guy has nothing the prosecutor will know he can't establish guilt and will dismiss.

PaulaGem
07-16-2009, 12:56 PM
This isn't a civil suit.

Citizens cannot file criminal charges, only the state can.

Citizens can file complaints. If he got a warrant by lying you file a complaint for false reporting.

jbrace
07-16-2009, 12:59 PM
****

PaulaGem
07-16-2009, 01:02 PM
The warrant thing was what really got me. I was never aware of any charges brought against me. Never mailed anything, phone called, nothing. The kid knows where we live and he's threatned me at bar another night. He actually got kicked out of the bar that night and this was a whole seperate incident, afterwards.

Get the witnesses on this - sounds like you could get a restraining order too. Affidavits are cold hard evidence.

disorderlyvision
07-16-2009, 01:05 PM
I really don't understand how you could not know there is a warrant for your arrest. Were you arrested during/after the fight? The police can't just press charges on you without telling you. Something doesn't add up here.



Happens more than you think. I was arrested before for a warrant I didnt know existed. I also got one mailed to me several months fter a fight once. It said I could pay a fine or it gave me a court date. I choose to take it to court. I heard through the grapevine that after the conviction the guy was going to sue me. I broke one of his ribs, and a couple fingers during te altercation. (lets just say he deserved it) I didnt want to just pay the fine and open myself up for a lawsuit. so i got a lawyer, and we did what is called an alfred plea which basically means "I am not guilty, but if taken to court there might be enough evidence to convict me" but it is basically a not guilty plea. so, if it would have went to civil court he wouldnt have been able to use the criminal case against me, and I had a few things I was going to counter-sue him for if he decided to go that route.

I guess what happened when I got arrested for the unknown warrant, which happened not long after the fight just mentioned, was that the person made a police report but didnt file charges. However the prosecutor picked up the case and decided to issue a warrant on his own. He found out the other person would absolutely not testify against me and ended up dropping the charges. But I was still arrested on a warrant I didn't know existed, almost a full year after the incident took place.

Elwar
07-16-2009, 02:22 PM
Later that night as we were leaving the bar I ran into a mailbox and the proceeded to shake it.

Was this because you were frustrated with the state monopoly on our personal mail delivery?

MelissaWV
07-16-2009, 02:50 PM
Something to think about...

That first incident, where people were "drunk as hell" and "rowdy"... was there any alcohol at your house? I ask, because if there is and it's on that video, you might get into further trouble instead of getting yourself out of it. Your brother and you were both under 21 at the time. I am guessing that if you were angry enough to "flip over a table" because of some words, then you were possibly intoxicated. I'm hoping that, anyhow. I don't understand that level of physicality over "words".

jbrace
07-16-2009, 02:57 PM
Was this because you were frustrated with the state monopoly on our personal mail delivery?

hahaha yes, I also told the booking lady she "had a horrible soul" and asked them if they have ever read the constitution, and the bill of rights.. No one responded and I said I didn't think so haha

Sean
07-16-2009, 03:53 PM
If he struck your brother he or his guardian will have to make a complaint. Depending on the state the DA will decide to bring it to a grand jury or not. You may also want to make a complaint if you felt threatened and maybe for criminal trespassing. I believe in some states you can go to the grand jury yourself if the DA refuses.

UnReconstructed
07-16-2009, 05:21 PM
You're already fucked because you have entered their world

Standing Like A Rock
07-16-2009, 07:04 PM
Good luck proving it?

The state has the burden of proof. He should not have to prove anything.

Liberty Rebellion
07-16-2009, 08:32 PM
Happens more than you think. I was arrested before for a warrant I didnt know existed. I also got one mailed to me several months fter a fight once. It said I could pay a fine or it gave me a court date. I choose to take it to court. I heard through the grapevine that after the conviction the guy was going to sue me. I broke one of his ribs, and a couple fingers during te altercation. (lets just say he deserved it) I didnt want to just pay the fine and open myself up for a lawsuit. so i got a lawyer, and we did what is called an alfred plea which basically means "I am not guilty, but if taken to court there might be enough evidence to convict me" but it is basically a not guilty plea. so, if it would have went to civil court he wouldnt have been able to use the criminal case against me, and I had a few things I was going to counter-sue him for if he decided to go that route.

I guess what happened when I got arrested for the unknown warrant, which happened not long after the fight just mentioned, was that the person made a police report but didnt file charges. However the prosecutor picked up the case and decided to issue a warrant on his own. He found out the other person would absolutely not testify against me and ended up dropping the charges. But I was still arrested on a warrant I didn't know existed, almost a full year after the incident took place.


Heh... My buddy got arrested after celebrating our victory at the St. Charles County Republican Caucus. Long story short, he was arrested for a warrant out of Clayton from 6 years ago or something. The warrant was for not completing his terms of his probation (community service). He ended up spending two nights in jail which sucked because he was the Secretary at our caucus after the first one quit and he was supposed to sign all of the paperwork. Turns out it was a CLERICAL error and he had done everything he was supposed to do... oops.

jbrace
07-16-2009, 08:42 PM
***8

PaulaGem
07-17-2009, 11:53 AM
This was my first run in with law enforcement and it was crazy seeing the mentality those officers have.

And if they are of an abusive mentality they will probably arrange for you to have other similar encounters.

I heard a true story about the officers in the city where I'm having problems. A nineteen year old kid was stopped on a traffic beef. The discussion became heated and one cop pulled a taser.. He accidentally tasered the other cop. The kid did six years for assault with a deadly weapon.