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  1. #1
    Join Date
    Sep 2013
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    312

    Default Domestic Battery Charge Based on a False Accusation

    My question involves criminal law for the state of: Illinois

    My ex-girlfriend of 6 years got physically and verbally violent with me one night while visiting me. She destroyed my phone as I attempted to call the police, and while she was on the phone with her mother directly afterwards, I told her mother to call the police to remove her from my house (which is under my name).

    The police arrived, took her statement in which she said I assaulted/beat her. Police confirmed there were no visible marks on her, and arrested me for Domestic Battery. I spent a night in jail.

    I'm almost certain she will not appear in court. She's a heroine addict with no evidence that anything violent was done to her.

    My question; I've never been to court, or arrested before. Should I attempt to obtain a court appointed lawyer? Or does a situation like this absolutely require I need to obtain private counsel? Any general advice one could give in a situation like this?

  2. #2
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Domestic Battery Charge Based on a False Accusation

    You need a lawyer, if you could afford to hire one then that is the best route to go. If not, then apply for a public defender to represent you.

  3. #3

    Default Re: Domestic Battery Charge Based on a False Accusation

    Any general advice one could give in a situation like this?
    Dont have heroine addicted girlfriends.

    - - - Updated - - -

    Any general advice one could give in a situation like this?
    Dont have heroine addicted girlfriends.

  4. #4
    Join Date
    Apr 2009
    Posts
    757

    Default Re: Domestic Battery Charge Based on a False Accusation

    Which heroines is she addicted to? Wonder Woman? Amelia Earhart? Sally Ride? Lorena Bobbitt?

  5. #5
    Join Date
    Jan 2010
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    New Jersey
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    Default Re: Domestic Battery Charge Based on a False Accusation

    Quote Quoting aardvarc
    View Post
    Dont have heroine addicted girlfriends.

    - - - Updated - - -



    Dont have heroine addicted girlfriends.
    Well she is the character of this story...

  6. #6
    Join Date
    Apr 2009
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    Somewhere near Canada
    Posts
    35,894

    Default Re: Domestic Battery Charge Based on a False Accusation

    I swear this has been posted not so long ago ... by the female. I think the states may have conveniently changed, but it's oooooooh-so-close ...

  7. #7
    Join Date
    Jan 2010
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    New Jersey
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    Default Re: Domestic Battery Charge Based on a False Accusation

    Quote Quoting Dogmatique
    View Post
    I swear this has been posted not so long ago ... by the female. I think the states may have conveniently changed, but it's oooooooh-so-close ...
    It couldn't have been, she sold her laptop a long long time ago to support her habit.

  8. #8
    Join Date
    Jul 2014
    Posts
    441

    Default Re: Domestic Battery Charge Based on a False Accusation

    The police probably don't believe her since they noted no marks. They are required by law in most states to make an arrest if there's any PC whatsoever for domestic violence, and her statement is probably enough. Either way, they want to be safe rather than sorry and not get sued. Street smart cops know what's up, and they probably find her to be less than credible.

    Get an attorney, court appointed or otherwise. You are probably right that she won't show up, and the charges will likely be dropped. It's also not outside the realm of possibility that they'd be dropped anyway when the prosecutor realizes what a weak case it is. At any rate, you probably have a good chance of being acquitted at trial.

  9. #9
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: Domestic Battery Charge Based on a False Accusation

    Gosh I had no idea that one had to have "marks" in order to convince LEOs that abuse had taken place.

  10. #10
    Join Date
    Jul 2014
    Posts
    441

    Default Re: Domestic Battery Charge Based on a False Accusation

    One doesn't. But when a victim tells a story that includes alleged conduct that should have left marks, it's a huge red flag when there are none. It is also harder to get a conviction when there is no physical evidence.

    If someone walks up to you and grabs your shirt, is that assault? Yes. Are you going to get a conviction for it? Not a very good chance. Similar thing in domestic violence cases, unless the law is written in a much more vague manner (which some are.)

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