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  1. #1

    Default Detective Not Detecting and Makes False Arrest

    This case is out of Barnegat, New Jersey.
    Charge: Aggravated Assault-2C:12-1b(7)

    History: A few years ago, My 3 older brothers and my father were involved in a bar fight with 10 off-duty police officers from another town. When the local police arrived, they allowed 5 of the off duty cops to run off and only reporting the 5 most injured cops. The local police right away took the sides of the off duty cops. My oldest brother was the only one they could pin a charge on. He was arrested for aggravated assault. Both police departments were very upset when my brother was found not guilty of that charge but found guilty of simple assault. Our family had to leave town because everyone was getting pulled over for any possible reason (example: my dad was pulled over for a taillight being out. my dad asked to step out of the car to check and the cop said no. after the ticket my dad pulled off down the road and there was no taillight out.).

    CURRENT SITUATION: (THIS POLICE DEPARTMENT IS NOT THE SAME OF THE TWO STATED ABOVE, BUT CLOSE BY.)

    I am the youngest brother. I am currently a sergeant in the US Marine Corps reserves. I've been in for 8yrs now. I served 3 tours in Iraq. I have an equivalent belt to a Marine Corps Martial Arts instructor in the Marines. I have wrestled all through school. Started Varcity my freshman year. I am also a homosexual.

    I was dating this guy for a few months. After having feelings for him I find out that he has a problem with pain killers. I told him I didn't want to date anyone that does drugs. Especially since I was in the middle of trying to go active duty. And the fact I may be a daddy (pending paternity tests results). We both agreed that he would have no privacy if i'm going to be his support system. I cought him a few lies which I should have just left him then, but I chose to keep being in his corner. I also found out he has Hep C.

    On Holloween night we went to a party. After we came home to his house, we went right to bed. I couldn't fall asleep because it was bothering me that he seemed a little more messed up as then our usual night out (which isn't too often). He was sleeping so I decided to check his text messages. I was looking for a text that would prove that he was looking for pills. What I found was a text from him to his exboyfriend who is also his old drug dealer. Him telling the ex to "come over", but spelt CUM OVER! So, I got dressed and put his costume in a pile (one of my military uniforms). I sat on the foot end of his bed and woke him up. I showed him the text and told him we were finished. We did begin to argue and not so nice things were said between the both of us. As he laid in his bed I bent over to grab the uniform and he kicked me in the face. He then quickly jumped on my back and began to violently strike me all over my head, front to back. He also gave me a nice fish-hook to the mouth which gave me a nice cut on the inside of my cheek. I tried to remain calm because I know with my training and experience I could hurt him badly. I tried to shrug him off me. I tried everything possible to get him off without hurting him, but nothing worked. I swung my head backwards and headbunt him. He got stunded so I grabbed his wrist and twisted it then tossed him on his bed. I told him to stay there so I can grab my things and go. He jumped up to come at me again which forced me to hit him in the face. I hit him with my weak hand so I wouldn't hurt him like I would have with a right-handed power punch. He drops to the bed and I leave.

    His mother comes in and sees his blood and calls 9-1-1. The cops come and bring him to the hospital. He had a slightly broken nose and had to get 5 stitches above his nose. When questioned by a detective he told the cops I woke him up by sitting on top of him punching him in the face with a closed right and left fist (repeatedly in a rage). He clames to have been in and out of contiousness the entire time. But also clames towards the end he had to defend himself.

    Cops arrest me and I gave my statement just how I explained it here. In the begining of the interview, the first thing out of his mouth was, Whos your dad and brothers? I knew right from there that they were out to get me. This guy i was dating does NOT have the injuries that match the crime. he had no black eyes, no swelling on his face but his nose. it was obvious it was a single hit to the face. When I read the report sent to the jail about me, the arresting officer stated in the report that the accused admitted hitting the victim in the face repeatedly with a closed right and left fist over a text message. I NEVER SAID THAT!! AND... I have NO markings on my right hand. I'm also hearing rumors that the cops added my name to the police report that my brother was involved in a few years ago. I WAS IN IRAQ!!

    I'm lost! I can't aford an attorney and i'm not sure i can trust a public defender since he/she works for the county. There's a lot of confusion on who i can and cannot trust.

    CAN I SEE THE EVIDENCE AGAINST ME WITHOUT AN ATTORNEY?
    CAN SOMEONE GIVE ME ADVICE ON WHERE TO START TO TRY TO PROVE
    THESE COPS ARE JUST OUT TO GET ME?

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

    Default Re: Detective Not Detecting and Makes False Arrest

    The cops didn't get your ex-boyfriend to lie and say you beat him, nor did they make you break his nose. Family history or no, it's not even slightly surprising that you were charged. If you can't afford a lawyer, let's hope you get a good court-appointed lawyer, and (figuratively) punch some holes in your ex's story. Although, frankly, I think it will remain difficult to convince a jury that your punch to his nose was self-defense, not an escalation of the fight.

  3. #3
    Join Date
    Nov 2006
    Posts
    368

    Default Re: Detective Not Detecting and Makes False Arrest

    Seriously the only chance you have is to hire your own attorney and contest the charges. You have to decide how much your future is worth. Is it worth borrowing $2500.00 and hiring a attorney? Or don't hire one and get one appointed for you that may or may not have your interests in mind. It happens. When you are found guilty you will be ordered to pay restitution for any time off and medical bills he may have incurred, and he will be able to sue you for pain and suffering. Plus the judge will most likely order you to be jailed for at least a couple of days (on their schedule, not yours) and you will be assessed whatever fine amount the law allows.

    Hiring your own attorney doesn't seem like such a bad deal now, does it. And if found guilty anyway, your attorney will be able to negotiate for a lessor fine and no jail time. Or he might just win. Or the prosecutor seeing that you have competent counsel, may just allow you to plea to a lessor offense.

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