Family Battery Arraignment

My question involves criminal law for the state of: Georgia

My girlfriend and I got into an argument in which she started to get physical and began hitting me. I was in the car driving and and attempted to defend myself while pushing her off me. She was upset so she called the cops and of course I got arrested for family battery. Now, the flip side. Usually, because I know that the law does not favor men in this situation I usually call the cops on her just to have someone present and document that I havent touched her. But this time I was driving and she grabbed my phone. I have never been arrested prior to this and have no criminal record. Also, I pulled my records from the police communications department and shows the several times in which i called the police on her and all severals times they did absolutely nothing. I have digressed, I have an arraingment coming up in a few weeks. How should I proceed? Should I plead not guily, guilty(and get it over with) or no contest. I have never been to court so this is completely new to me. Any help would be most definitely appreciated.

Also, she didn't press charges, it appears that the state has picked up the charges.

You need a good criminal defense attorney. If you can't afford one, plead not guilty at your arraignment and request a public defender. If you qualify, one will be appointed you.

If not, then you need to hire one.

OK. Thanks for the quick response. However, If I plead not guilty, will they subpoena her to come to court and if they do how does that hurt or help me?

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Quoting stevenq

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OK. Thanks for the quick response. However, If I plead not guilty, will they subpoena her to come to court and if they do how does that hurt or help me?

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I don't understand the question.

Are you asking if she will be allowed to tell her side of the story if the case goes to trial? Yes.

Are you asking if you will be in violation of your protective order if she is in court? The answer is, most likely, no... you have a constitutional right to face your accuser.

Your order of protection probably states "until court date" or some such language.

oh ok, sorry, my question is, she doesnt want to press any charges against me at all. So if they subpoena her, and she doesnt want to press charges or anything how will that hurt me.

She doesn't have a choice.

Roughly 80% of all domestic violence victims recant their stories prior to trial. Your girlfriend will be required to go to court or face charges herself.

Further, she is not charging you... the DA is. If you were hoping that she won't show up and you will be able to walk, that won't work.

Lastly, if you have ANY contact with a person for whom a no contact order has been issued, you are really dancing on thin ice.

No contact orders are just that... orders. Not suggestions or guidelines... they are not hints as to what you REALLY should do.

It means no contact or you go to jail. Even if she wanted to talk to you as badly as you want to talk to her. YOU go to jail.

so is it easier to just plead guilty and get it over with?

You haven't thought this out.

Being convicted/pleading guilty to a DV charge is going to flush your professional career.

Fight it in court with a good attorney.

I guess I will have to find a good attorney. But the unfortunate thing is how often will they believe the guy. Even though I have proof that I have called the police on her several times like I say not cause I was scared but because I didn't want to be in this situation with her calling them on me when an argumented escalated and her feeling threatened or upset. So i always practiced calling the police to separate an argument between me and any girlfriend I have had dating back to college. I have no prior record of anything other than speeding tickets. Thanks for all the help. I guess I now have the task of finding a good criminal defense lawyer in GA. If anyone has a couple in mind, please feel free to shout them out as I will reach out for them. Again, thanks for all the quick responses.

***************Question for anyone who can help*************

At my arraingnment they will ask me do I want a trial by jury or bench. Which one is a better choice given my situation.

Thanks