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Assault, Battery And Domestic Violence Legal issues involved in assault and battery, and domestic violence prosecutions.

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Old 09-30-2005, 06:44 PM
Mychel Mychel is offline
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Default Battery and trespassing charges
I live in the state of New Mexico and my girlfriend (of 3 1/2 years)and I had a fight and she went to stay at her grandfather's house(he's out of town). Her younger sister was also staying there with her boyfriend. I called the house and ended up in a agrument with the sister. She told me if I came to the house she would kick my #@! and call the police. I didn't take her seriously and went out to the house. My girlfriend came out and we were arguing over the house key, which I wanted back. Unknown to me the sister had taken my daughter out of my car and had her in the house. She locked the doors and wouldn's let me, my girlfriend or her own boyfriend in. The mother lives across the street so I went there for help.The sister came running across the road and pushed me hard enough to where I fell. My girlfriend came over and picked me up off the ground. I had fallen in dog mess so she took me back to her grandfather's house and started the shower for me. A few minutes later 2 male deputies came in the bathroom and told me "let's go". I asked where and one of them said I was going to jail! I had a towel wrapped around me and that's how they wanted me to go. My girlfriend ran and got me some a shirt. when I asked the officers to leave or turn their backs they refused. They wouldn't give my girlfriend time to find me some pants. I asked why I was being arrested and one officer answered"you'll find out". I was hand cuffed and placed in the back of the car. I told one of the officers that I had a friend who would come and get my daughter. He told me she would be placed with child protective services. I was asked several times if I was on any drugs, which I was not. From the house I was taken to the ER. I asked why and was ignored. The nurse drew my blood and I found out later(from the nurse) that it was a drug test.
I was then taken to the sheriff's department where the officer wrote out tickets. I asked when I was able to tell my side of the story and was told "tell it to the judge." I was charged with 2 counts of criminal trespassing (the grandfather's house and the mother's house), resisting arrest(not leaving the bathroom in a towel), disorderly conduct(?), and 2 counts of battery(girlfriend and sister. I didn't even touch the sister but the ticket said I hit her in the face with a closed fist.
If the officer had let me talk he would have found out that the sister just got back from the ER where she received 18 stitches and was on narcotics for pain relief. She had a fight with her mother and took a knife and slit her wrist in front of her. They lied to the ER doctor and told him she cut it on a piece of sheet metal. The boyfriend was intoxicated and underage and wouldn't say anything.
I later found out that one of the officer's followed my girlfriend to my house where they searched my cabinets for "illegal substances". I guess the sister told them that I had told her I took a bottle of pills. I think she made this up to defer attention away from herself.
Is there any hope to get these charges dropped? My girlfriend said she didn't tell the cops that we were fighting..her sister did. Will she be able to drop the battery charges against me? Is there any way to have charges pressed against the sister for pushing me down(I'm recovering from back surgery last year for 2 torn discs in my back from a car accident) or holding my 12 year old daughter against her will? And how is it considered trespassing if I went to the mother's house for help? Or since my girlfriend let me in her grandfather's house? Was the search of my house illegal? What about the officers taking me to the ER for a blodd test without telling me?And what about the officers not leaving the room when I was trying to get dressed. He stood there and watched. I have $9,000 of charges against me. Any information would help and be greatly appreciated.
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Old 09-30-2005, 06:56 PM
aaron aaron is offline
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Default Fighting false charges
Given the circumstances, your best bet for beating these charges is probably by obtaining the assistance of a criminal defense lawyer. Have you consulted a lawyer yet?
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Old 09-30-2005, 09:02 PM
Mychel Mychel is offline
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I can't afford a lawyer right now. They all want money up front. PD"s office said I made too much to qualify for one of their attorneys. So I'm pretty much in it alone.
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