QUESTION
What can I do if I was accused of spitting on an individual, which is apparently considered to be an assault charge?
Asked on Nov 20th, 2012 on Criminal Law - Colorado
More details to this question:
I was accused of spitting on an individual, which is apparently considered to be an assault charge. I did not spit on this individual, and there is no evidence to support that I did. In fact, I have several witnesses who can attest to the fact that I did not spit on this person. I was required to appear in court several months ago, and was advised that no probable cause could be determined. At that point, a mediation was scheduled. My accuser would not agree to the terms of the mediation, because he wanted to "make an example out of me" and "make me pay for what I did." I now have to go back to court on 12/17. I'm confused as to why this is still going on considering that probable cause was never determined. Please advise.
3 ANSWERS
Michael J. Breczinski
Is this a criminal case or a civil case? Probable cause is the standard for criminal cases, if they are looking for enough to charge someone. Mediation is a civil case procedure. If it is a civil case, then bring your witnesses to trial and ask for sanctions if the case is thrown out.
Answered on Nov 27th, 2012 at 6:21 AM
Criminal Defense Attorney serving Alhambra, CA
at
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 suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Nov 22nd, 2012 at 3:45 PM
3 Awards
If there is not PC, then you should not face charges. Justice does not include making an example out of an innocent.
Answered on Nov 22nd, 2012 at 3:44 PM