Wrongfully Accused of a Simple Assault - How Can I Get It Fixed
My question involves criminal law for the state of: Pennsylvania
I am new to this and really need answers.
In am having some problems with getting a job and finding a place to stay, I haven't been able to get a good night sleep since this all happened.
I was recently convicted with simple assult against my now 7 year old step daughter for giving her a spanking. All i really know of that day was i was on my way to work and got a phone call sayin that they were arresting my partner because our daughter said she was afraid to come home because she would get in trouble for being bad in school. When i got the police station i was asked to speak to a officer and was told of what i was being charged with but my concern was for my daughter and partner and that they were safe. the officer told me to give she was going to ask some questions and wanted me to answer them. I know nothing of law was completely confused. next thing i know i was being arrested and my partner and daughter were being released. I paid bail but still had to got to court. I was told I was being represent by a public defender and was told not to speak during any of the hearings that they had all the information needed to handle the case. On the preliminary hearing i did just as instructed and realize that i was not only listening to lies but my defender didn't do any research and presented nothing to help the case but later told me that these charges were a breeze and would be dismissed no problem. I didn't hear from them again even though i called until the next court date. I was told that a plea bargin was make and i knew nothing and no witnesses were contacted or research was done about the case. I was then sentenced to 4 years probation and anger management. When i explained to the judge that i had no place to live cause my previous landlord lost the property and i was moving she said i could transfer to the new destination. But when i got to my probation officer she told me it would take anywhere between 3-9months and i only got 1 chance i need 2 residences and a job already lined up before i get transfered that doesn't even sound right but ok. Also i have to pay off the whatever i owe and 100 dollars to transfer what should i do? this cannot be right can it?
I took this little girl in when she was 4 turning 5 her mother didn't want her and she was physically abused and sexually abused I figured i could help considering my partner had no idea on how to be a parent. I have gone through 500 dollars in parking ticket, 2 cars and 3 apts to get her and was told she would be dumb a waist of time. I took her in taught her everything i know i mean she really knew nothing. I feel so stupid.I have lost 5 jobs to help her become a little girl she had no clue what it was like to be a kid and what cartoons were. I gave her a new life the little girl now is not the little girl then. then nobody even wanted to be near her her mom, grandmom, aunts nothing. I have gain 250lbs and can't loose it. I thought i was doing the right thing my life was great before this. I don't know what to do? Help me please.. I had no idea that giving a child a spanking was illegal.
Re: Wrongfully Accused of a Simple Assault - How Can I Geet It Fixed
Giving a child a spanking is not illegal. But battery of a child is quite another matter, typically leaving painful pronounced bruising that inspired a child's school to notify the police of the batterer's actions.
From what you say, you stood in open court and, under oath, confessed to the court that you battered the child. To put it mildly, it's tough to go back to court after being sentenced and convince a judge, "When I confessed under oath, I was lying to you, so you should set aside my conviction and let me have a trial."
Re: Wrongfully Accused of a Simple Assault - How Can I Geet It Fixed
The legality of spanking aside, what made ANY kind of sense to you using physical punishment on:
- a 7 year old girl
- who isn't YOUR child
- with a history of being physically and sexually abused
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Re: Wrongfully Accused of a Simple Assault - How Can I Get It Fixed
There is no way you can change your plea at this point.
Besides, when you plead guilty you articulate what you did, which is the same as a confession. You can't now claim you didn't do it.
If you want to transfer probation, there are very strict rules and yes, you have to do what they tell you. Not only is there no legal basis to challenge them, but you obviously have no resources or knowledge to even try. In addition, the district or state where you want to transfer to has lots of rules and requires that you have a place to live, a job, and adequate resources, plus other things.
Re: Wrongfully Accused of a Simple Assault - How Can I Get It Fixed
Well first off, you should NEVER in a million years talk to the police without a lawyer, and even then, I wouldnt ever talk to them. If I had to bet, the police had no evidence against you but convinced you to give a confession. Police can and will lie to you. Supreme court says they can. They will do anything they can to make you confess. But besides that, why are you spanking a child who comes from an abusive family? Personally, why do you spank in the first place? Parents need to realize, you hit your children for being bad, and then you wonder why they grow up hitting, fighting, violent towards other. What does that teach? Nothing. I grew up being spanked and sometimes get the crap beat out of me. I have a 5 year old now and I have never even thought of spanking. Would you like for your significant other to beat you when you did something bad? One day our messed up judicial system will finally figure it out and stop allowing all these horrific child abusers to spank their children. You deserve whatever punishment you get, and hopefully it will be jail time because you need to think about me. Hate me if you want, but it's the truth. Grow up and treat your children with respect and maybe they will respect you!
Re: Wrongfully Accused of a Simple Assault - How Can I Get It Fixed
Hi, I have the same problem. My wife and I had an argument and I through a plastic bottle (not to hit her) to stop the argument. The bottle hit her hand and caused a cut to her finger, 3 stitches. I was arrested and a court date scheduled for next month.
How long is the anger management course?
Does anger management mean to be on active probation?
Can I leave the country if to be found guilty and put on probation?
What are my chances of getting the case dropped?
I do not have any criminal record.
Please help.
Thanks,
John