Fight with Current Roommate, Not Sure What to Do in Court
My question involves criminal law for the state of: Massachusetts.
This incident happened back in November, a few days before Thanksgiving. Drinking was going on. My roommate had a few friends over and we were all hanging out. I went to bed. Bickering occurred when someone shut my door and my cat was in the room. The litter box is in another room, so I said something to them. My roommate began being a wise guy after.
I came out and we got in an argument. I ended up punching him in the face one time. We wrestled a little bit and I slipped and my back was facing him and he then hit me with a bottle in the back of the head. I was bleeding so I call 911. They arrive and before they did, my roommate and his friends all leave.
The officer asks questions and I tell him exactly what happened. He says he's going to summon me to court for assault and battery and is going to have a warrant out for my roommate because he left the scene of a crime. Officer asks if I want to press charges, and I say no.
My roommate tells me he went to the station and there was no warrant out for him, the station had no information on him involved in anything.
So I'm going to court for punching him, and he is not even questioned about the incident. I'm not sure what to do with the court date coming up. I didn't get a lawyer because I don't see why. I'm still roommates with the guy and he's actually my friend. He's not summoned to go to court for anything either.
What should I expect or really do with this issue? Any help would be greatly appreciated. Thanks a bunch!!
Re: Fight with Current Roommate, Not Sure What to Do in Court
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I didn't get a lawyer because I don't see why
You are charged with a criminal act and you see no reason to consult a lawyer?
For gosh sakes man, you are facing a serious criminal charge. Do you have the specific charges on hand (statute number)?
Re: Fight with Current Roommate, Not Sure What to Do in Court
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jk
You are charged with a criminal act and you see no reason to consult a lawyer?
For gosh sakes man, you are facing a serious criminal charge. Do you have the specific charges on hand (statute number)?
No I don't sorry.
And I've never seen a crime go to court when the person who the crime was supposedly towards (my roommate) is never even spoken to by the police?
I'm not playing off what happened. But to me that is extremely odd. Essentially, I could go to any police officer and say "I did this crime", and be charged and convicted with no evidence or witness?
Thats why I am posting because I'm confused.
Re: Fight with Current Roommate, Not Sure What to Do in Court
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The officer asks questions and I tell him exactly what happened
well, I can only guess but admitting to a crime is usually a good start when they are looking for evidence.
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My roommate tells me he went to the station and there was no warrant out for him, the station had no information on him involved in anything.
did they interview him then maybe?
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Section 13A. (a) Whoever commits an assault or an assault and battery upon another shall be punished by imprisonment for not more than 21/2 years in a house of correction or by a fine of not more than $1,000.
A summons may be issued instead of a warrant for the arrest of any person upon a complaint for a violation of any provision of this subsection if in the judgment of the court or justice receiving the complaint there is reason to believe that he will appear upon a summons.
have you been to court at all or is this your first appearance for this?
Re: Fight with Current Roommate, Not Sure What to Do in Court
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Quoting
jk
well, I can only guess but admitting to a crime is usually a good start when they are looking for evidence.
did they interview him then maybe?
have you been to court at all or is this your first appearance for this?
No they didn't interview him at all.
I had a default warrant because I missed the initial court date (the paperwork was sent lord knows where). So that was cleared up. So this will officially be my first real appearance for this issue.
Re: Fight with Current Roommate, Not Sure What to Do in Court
so you haven't been arraigned yet where you enter a plea?
Not 100% sure how your courts work but most are fairly similar.
You go there. When called you stand in front of a judge. He reads the charges and asks how you plead. You either plead guilty, innocent, or say "I want an attorney". The ol' if you can't afford one, one will be appoint to you is applicable if you qualify financially.
I do not know if there is any possibility of them ordering bail. I suspect it may be a possibility so you might want to take somebody with you who can arrange for bail/bond if needed.