QUESTION
How can they get off from an assault charge when the shooters family wrote statements saying that my fiancé was shooting?
Asked on Sep 12th, 2012 on Criminal Law - New Jersey
More details to this question:
My fiancé was in the car with his friends going to his cousin’s house when they were they were spotted while going down the street from four men that have been messing with him earlier that day. They came out their truck and car with guns and started shooting at the car. I really do not know how my fiancé and his friends got out of the car but his cousin said he seen them get out to avoid being hit. The car was shot up over twenty times and they did not arrest the men that were shooting them. They arrested my fiancé and his friends saying that they were victims and they were taking them for questioning but wound up convicting him for aggravated assault with a firearm. His friend has possession with a stolen firearm and the police did not find anything on them.
12 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your fiance's arrest. He/she would then be in a better position to analyze his case and advise him of his options.
Answered on Sep 17th, 2012 at 4:05 PM
Michael Paul Vollandt
I am afraid your finance's credibility was challenged by the Judge or Jury and they did not believe him. Your finance's witnesses may have also had a credibility issue.
Answered on Sep 17th, 2012 at 4:03 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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This sounds like it will have to go to trial, although I am not sure from your question if he already plead guilty or no contest. If he plead it is too late.
Answered on Sep 17th, 2012 at 4:03 PM
Michael J. Breczinski
I would have to see ALL the evidence to anwer this one.
Answered on Sep 17th, 2012 at 4:02 PM
Leonard A. Kaanta
He needs a good attorney.
Answered on Sep 17th, 2012 at 4:01 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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How can they? You can speculate better than me, at least you know what happened in the trial that got him convicted. Since he is already convicted, it doesn't matter how, unless the conduct of the trial provides him grounds for an appeal.
Answered on Sep 17th, 2012 at 4:01 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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I cannot answer your question without more facts. I suspect that the officers have more information than what you might be telling me. It also sounds like you were not present during the incident, in which case, you question to me is based upon what people told you. I would tend to believe that your fiance is not telling you the "whole" story. My advice to your fiance: get an attorney.
Answered on Sep 17th, 2012 at 4:00 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Well, each one of them used the government attorney, right? The conviction for being in the wrong place at the wrong time. Perhaps one would learn that private defense counsel actually fight harder. You have to pay for them.
Answered on Sep 17th, 2012 at 4:00 PM
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It sounds like your fiance will need a lawyer as soon as possible. The lawyer will need to start investigating everything: witnesses, their background, their motives, so that your fiance will have the best defense possible.
Answered on Sep 17th, 2012 at 3:59 PM
Steven D. Dunnings
Are you in Michigan?
Answered on Sep 17th, 2012 at 3:58 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Your fiance needs to retain counsel.
Answered on Sep 17th, 2012 at 3:58 PM
Gary Moore
The charges must be tried and an experienced criminal lawyer is needed.
Answered on Sep 17th, 2012 at 3:57 PM