Results 1 to 5 of 5

Hybrid View

  1. #1
    Join Date
    Jan 2013
    Posts
    3

    Default I'm Being Charged with Assault and Battery, What is the Process

    My question involves criminal law for the state of: Michigan

    Today when I checked the mail there was a letter from the court telling me I have a warrant for my arrest for Assault and Battery. At first I had no idea what it was about at all, I have never been in trouble in my entire life, I have never even had a parking ticket. The letter simply said I have a warrant for my arrest that I should respond immediately, the date it was issued, which was yesterday, and the d6ate of the offense, which was the 7th. It didn't say who pressed the charges or when my court date was, nothing, just a number for the court. I called right away and they were very rude and acted like I should know. They didn't explain anything. Finally she looked up the case # and told me the person who filed the complaint. The person who filed it had a psychotic breakdown on the 6th. She is a friend of mine and I watched her physically throw herself on the floor pull her own hair shove 9 Prozac into her mouth and then spit them out and smack my phone from my hand when I dialed 911, subsequently breaking it. I left the house and called Mental Health, they told me to call the police, so I did. They came, I spoke to them, they spoke to her. She tried telling them then I had beat her up, which she threatened to do when I told her I was calling the Mental Institution (She is in and out of Mental Health facilities, & on SSI for bipolar disorder & schizophrenia). I gave them the report, they took her by ambulance. Why do I have a warrant for my arrest? Isn't it innocent until proven guilty? Shouldn't I have had a chance to defend myself before a WARRANT is even issued? All the court told me is I have to turn myself in for the warrant and they will arraign me. I don't know what that means, I told her so, she offered no explanation. I said, "Will I go to jail?" She said, "It's a good possibility this charge is a misdemeanor carrying a 93 day sentence." I immediately told her I did not do anything at all to warrant assault and battery, that the police obviously didn't see me as a threat or criminal, and she told me she wasn't the one who issued the warrant and hung up. I am alarmed, outraged, and horrified. I don't know what to do and any advice is helpful.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: I'm Being Charged with Assault and Battery, What is the Process

    You apparently gave the "she beat herself up" story to various people who would have relayed that information to the police. What do you imagine you would have said to the police that would have convinced them that your story is true?

    If the notice you receive requires you to turn yourself into the Sheriff for booking, then that's what you have been instructed to do. If it informs you that you are appear for arraignment by a specified date, then that's what you have been instructed to do.

    I suggest working with a lawyer.

  3. #3
    Join Date
    Jan 2013
    Posts
    3

    Default Re: I'm Being Charged with Assault and Battery, What is the Process

    No, as I said above, I gave the "she beat herself up" story directly to the police, who I called myself, and waited to come, and made the report. The responding officer was the same one who had taken her in only a few months ago when she had a similar incident with a girl she was living with, only that time she didn't say anybody beat her up, she admitted to her own stupidity because they came and caught her in the middle of it. I don't know what arraignment means, because I have never ever been in trouble, or been to court, my whole life. That's why I came here. For advice on the process, etc. I can't afford an attorney so I'm sure they will give me one. And I will speak with them, when I get one. Til then I'm trying to sort this out and be as prepared as I can. Thanks so much for your feedback.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: I'm Being Charged with Assault and Battery, What is the Process

    Quote Quoting achickinbfe
    View Post
    No, as I said above, I gave the "she beat herself up" story directly to the police, who I called myself, and waited to come, and made the report.
    Actually, you said "I gave them the report" (which isn't particularly clear) and "Shouldn't I have had a chance to defend myself before a WARRANT is even issued". You appear to be stating that the police did investigate - that they heard your story and they heard yours - and we can infer from that, that they found her story to be more credible.
    Quote Quoting achickinbfe
    I don't know what arraignment means, because I have never ever been in trouble, or been to court, my whole life.
    Read this overview.
    Quote Quoting achickinbfe
    I can't afford an attorney so I'm sure they will give me one.
    You can petition for a court-appointed lawyer through the criminal court.

  5. #5
    Join Date
    Jan 2013
    Posts
    3

    Default Re: I'm Being Charged with Assault and Battery, What is the Process

    Okay, thank you, this was more helpful than anything else has been.

    1. Sponsored Links
       

Similar Threads

  1. Assault & Battery: Charged with an Assault and Battery, PC 243(E)(1)
    By victrons in forum Criminal Charges
    Replies: 10
    Last Post: 06-15-2012, 04:48 PM
  2. Assault & Battery: My Boyfriend and I Were Charged with Assault and Battery Against Each Other
    By mishkins in forum Criminal Charges
    Replies: 3
    Last Post: 10-11-2010, 06:08 AM
  3. Assault & Battery: Assault and Battery Charges and Process
    By MILLER2607 in forum Criminal Charges
    Replies: 1
    Last Post: 06-21-2010, 08:05 AM
  4. Assault & Battery: Charged With Assault and Battery
    By firsttime_here in forum Criminal Charges
    Replies: 8
    Last Post: 12-21-2007, 03:16 PM
  5. Assault & Battery: Charged with Assault and Battery
    By Zarveck117 in forum Criminal Charges
    Replies: 1
    Last Post: 11-03-2007, 07:39 PM
 
 
Sponsored Links

Legal Help, Information and Resources