QUESTION
Do I need an attorney for a mother and daughter family dispute?
Asked on Sep 20th, 2012 on Criminal Law - Texas
More details to this question:
I have been charged with a criminal battery case. Daughter and I have since resolved the issues. The county has a not drop policy. This is my first. I have no prior criminal activities.
18 ANSWERS
Thomas Edward Gates
Yes.
Answered on May 22nd, 2013 at 2:25 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Yes.
Answered on May 22nd, 2013 at 2:24 AM
Gary Moore
Yes.
Answered on May 22nd, 2013 at 2:22 AM
Transportation Attorney serving Mamaroneck, NY
at
Palumbo & Associates, PC
Update Your Profile
Yes.
Answered on May 22nd, 2013 at 2:21 AM
Leonard A. Kaanta
Yes.
Answered on May 22nd, 2013 at 1:30 AM
Criminal Law Attorney serving Fremont, CA
at
Steven J. Alpers, A Professional Corporation
Update Your Profile
Yes you will probably have to push this to trial.
Answered on Sep 26th, 2012 at 11:21 PM
Small Businesses Attorney serving Livonia, MI
at
Klisz Law Office, PLLC
Update Your Profile
Yes you do. You can have this taken under a special statute if you play your cards right.
Answered on Sep 25th, 2012 at 8:28 PM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
If you are being charged with a criminal offense and the D.A. is not willing or able to drop charges, then you need an attorney. A charge of battery carries potential jail time.
Answered on Sep 25th, 2012 at 8:16 PM
Wrongful Termination Attorney serving Huntington Beach, CA
at
Nelson & Lawless
Update Your Profile
You are always entitled to represent yourself in court. Whether you should is a different issue. The conventional wisdom is that an attorney will be able to do a better job and get a better outcome. Prosecutors and judges don't like dealing with ProPers, unless you are simply pleading guilty, not defending the case. This is NOT a mother and daughter family dispute, you were arrested and charged with a crime. You already admit you know The county has a not drop policy. That means exactly what it says. When talking about domestic violence charges, police and prosecutors vigorously prosecute those cases, even over the objection of the victim, and their tearful recanting and claims of mistake or misunderstanding about their repentant, apologetic abuser. They long ago grew tired of seeing the victims drop charges, only to be found later abused, beaten or worse by the same abuser. When charged with any crime, the proper questions are, can any evidence obtained in a search or statement be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression, search and seizure, or other motions, or for trial. That includes the make up claim. While this isn't a 'capital case', you certainly face fines and potential jail, so handle it right. No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.
Answered on Sep 24th, 2012 at 11:23 PM
Michael J. Breczinski
Yes get an attorney. That person may be able to work it out so that you have no record.
Answered on Sep 24th, 2012 at 10:33 PM
Bankruptcy Attorney serving Federal Way, WA
at
Freeborn Law Offices P.S.
Update Your Profile
Not drop policy means that the county is planning to proceed with case. You should have an attorney, as a conviction could result in a jail sentence of 1 year and a $5000.00 fine.
Answered on Sep 24th, 2012 at 10:33 PM
Criminal Law Attorney serving Worcester, MA
at
Gregory Casale, Attorney at Law
Update Your Profile
Sadly, you should have an attorney if you have a criminal charge, especially if the County has a no drop policy as you say. You can try to go in on your own for one appearance and see if the DA will drop the charges. If they are unwilling you can then hire an attorney for the next appearance. However, if you are unrepresented, you need to be very careful about what you say. If you give the Da any information that he/she can use against you they will use it. That's one of the many reasons you have an attorney.
Answered on Sep 24th, 2012 at 7:47 PM
Estate Planning Attorney serving Farmington Hills, MI
at
Law Offices of Matthew M. Friedrich, P.L.L.C.
Update Your Profile
Unfortunately, with the prosecutor's policy of not dismissing charges, your best bet is to retain counsel to attempt to have the matter dismissed. There are certain strategies and procedures we use, as defense attorneys, to get that type of a result in many cases.
Answered on Sep 24th, 2012 at 7:42 PM
Criminal Defense Attorney serving Orange, CA
at
Law Office of Joe Dane
Update Your Profile
Yes, you're facing charges that carry probation, potential jail on other punishment, anger management counseling, fines, etc. Every criminal charge requires an attorney. You need a good criminal defense attorney. I'd strongly suggest you find someone who focuses on criminal law and who routinely practices in the court where this case will be heard.
Answered on Sep 21st, 2012 at 2:31 PM
Oh yeah, or you can say hello to a criminal record and 52 weeks of classes, and a lifetime ban on gun rights.
Answered on Sep 21st, 2012 at 2:31 PM
Criminal Law Attorney serving Houston, TX
Partner at
The Law Office of Matthew D. Sharp
In a situation like this you can only make things worse for yourself by speaking directly to the DA. You need to get an attorney to fight for a dismissal.
Answered on Sep 21st, 2012 at 2:30 PM
Michael Paul Vollandt
I would suggest that at least you have an office consultation with a criminal defense attorney.
Answered on Sep 21st, 2012 at 2:30 PM