My question involves criminal law for the state of: Georgia
A friend of mine was recently arrested after to an altercation outside of a nightclub.
He was made to leave the nightclub for having a flask. His wrist bands proving that he paid were removed. Later in the night he returned to the club (without flask) and attempted to enter, he paid an additional cover and was let past the doorman, as he was entering the bouncer that made him leave earlier stopped him and began acting aggressively towards him and told him to leave. He requested his money back for the second cover paid less than 1 minute ago, the bouncer told him no then moved into a position blocking him from exiting and began berating him and pushing his chest, at this point my friend attempted to leave. As he was exiting, the bouncer, who is nearly twice his size, grabbed him and put him in a headlock causing them both to fall down outside of the club, other staff members also came outside, my friend attempted to escape and defend himself but was unsuccessful. A police officer who did not witness the initial event but saw the altercation in progress responded after about 30 seconds and immediately used a stun gun on my friend bringing him to the ground. The officer sat on his back and stunned him again, he did try to get up several times and was repeatedly stunned. There was a large crowd around, the music was very loud and his face was in the ground, he did not know he was dealing with an officer as opposed to the nightclub staff, and after the shocking and having already been punched in the head/face and choked before the cop got there, he was basically unaware of his situation entirely.
He was arrested and charged with disorderly conduct, obstruction of an officer and simple assault on an officer. Three misdemeanor charges, he is currently out on bail.
We have multiple witness including myself who can attest that the events happened as described above.
Disorderly Conduct in Georgia as is most appropriate to this case is defined as:
Acting in a violent or tumultuous manner toward another person that put them in fear of their safety.
We do not believe that he is guilty of this crime, mainly because he did not initiate the physical altercation and the primary bouncer involved is at least 65% larger in size than my friend, he also had at least four other staff members in his immediate vicinity the entire time.
Thanks to facebook I have many pictures of this man (bouncer) with his shirt off showing his muscles, etc.
So what can we do? I think that I should file some sort of Request to Dismiss at least the disorderly conduct charge and possibly the others. Is it possible that him being unaware he was dealing with police could remove any liability from the other two crimes?
What do I do?
Mail the prosecution, the clerk of court, wait until the arraignment, is this a motion or a request?
I do not know, I am trying to do as much research as possible, I am obviously not a lawyer, just trying to help my friend we are college students who can not really afford legal counsel but because of his parental situation he is ineligible to meet with a public defender yet his parents refuse to pay.
Please, any help is greatly appreciated, an idea of how to do this motion / request would be helpful.