My question involves criminal law for the state of: VA
I was charged w/Assault on Family Member. My X grabbed my arm & when I pulled my arm free I knocked off his glasses. Yes I did use profane language & told him 2 get his F*ing hands off of me. We were @ our child’s game in the parking lot.
The Police were called & others told the Officer they saw me hit HIM in the face "multiple times"!
Yet witness in front of me told the Officer I didn’t hit my X. The Officer did NOT ask my X what happened.
I was not asked if I was on narcotics the Officer TOLD me he had reason 2 believe I was! & then asked me WHAT Narcotic I was on. He NEVER asked me if I had been drinking. When I told him I was NOT on Narcotics he told me I was being uncooperative & had 0 choice but 2 send me 2 jail & That he warned me 2 B cooperative. The Officer REFUSED 2 give me a field test breath blood or urine test. Nor did the magistrate or jail officers.
I was ARRESTED! 4 Assault & Charged w/Profane Language+ Being UI of Narcotics! B/c he said my Pupils were "pin sized” It was daylight, I had 0 sunglasses & I was crying.
When my X & I talked I asked him how he COULD do that 2 me We get along fairly well & neither of us hit the other. He told me the Officer came 2 him & said I was being Arrested 4 Assault on him & was handed a copy of the Protective Order & the Assault Charge. The Officer @ 0 point asked him what happened & my X will testify 2 the fact that I did NOT hit him ALL happened as I detailed.
Not 2 mention the emotional toll this had on our child 2 see me arrested. I was taken 2 jail & now have 2 go 2 court 4 these charges w/the "help" of a Public Defender who has yet 2 make an appt w/me after many attempts & mssg’s FINALLY he agreed 2 a phone appt w/ me next week. This happened the end of last month! I go 2 court next week!
The Officer DID TRULY Falsely arrest me! I have NEVER been in ANY trouble before. I have 0 criminal record & am terrified as Judges tend 2 believe Officers over Defendants. My 1st date is 4 the UI & profanity. I am @ risk of being permanently negatively affected always if this is my criminal record b/c the Officer made a report w/o asking the "abused person" which WOULD have prevented ALL of this!
Do I have any REAL chance of being believed? My X is not being "called" as a witness 2 this court hearing. TIA 4 advice!

