QUESTION
How do we prove that he didn't strangle him and all he did was restrain him?
Asked on Feb 07th, 2013 on Criminal Law - Colorado
More details to this question:
My 15-year old son's stepfather restrained him because he was bullying and trying to intimidate fights in our house. The police arrived and charged him with strangulation. He didn't strangle him what so ever. My son had red marks on his neck from the struggle but not strangulation at all. The arresting officer allowed my son to go into the bathroom and come back out after telling him she could not see anything on his neck. When he came back out, she said oh yes I see scratches and she arrested the stepdad.
5 ANSWERS
Michael J. Breczinski
Well you will have to go to trial and testify as to what actually happened. He should fight the matter. The police have to prove he is guilty and not the other way around.
Answered on Feb 13th, 2013 at 3:27 PM
3 Awards
The accused person in this situation needs to hire an experienced criminal defense attorney immediately. It will be very important to get someone on this to get the statements from potential witnesses and gather all the information about the case so that it can be explained well to the State prosecutor. If this is a case from WA state, the Eastern Side of WA state.
Answered on Feb 12th, 2013 at 7:22 PM
Hire a lawyer. If he opens his mouth he will only incriminate himself further, because they can twist anything he says. Ever heard of the right to remain silent.
Answered on Feb 11th, 2013 at 11:07 PM
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Get an attorney, it sounds as if there is a valid defense and witnesses.
Answered on Feb 11th, 2013 at 11:05 PM
3 Awards
I recently defended a case like this with good results there is a defense of parental discipline and it seems to fit here lets discuss representation.
Answered on Feb 11th, 2013 at 8:29 PM