I was wrongly arrested... need advice for my court date?

Question

Okay I just posted this awhile ago but I apparently didn't post enough details.

Here are all the details I can think of:

1. My brother got pissed at me b/c I was using his computer in his room and he wanted me to get off (we live in the same house). We are both over 18.

2. He left the room and then came back in and grabbed me and pulled me onto the bed and put me in a choke hold and was hitting me. To get out of the choke hold I punched him in the face and hit him elsewhere a few times.

3. I ran out of the room and called the cops b/c I have been trained in my job to call the cops whenever something illegal happens. I just sort of did it without thinking.

4. Cops came and they questioned me then questioned my brother in another room. I didn't hear what my brother told them but I suspect he lied.

5. Cops arrested ME for "assault on a family member resulting in bodily injury". I didn't see the injury but I suspect it was a black eye because I had to punch him in the face to get out of the choke hold.

6. I went to jail and posted bail, now I am waiting for my court date. I can't afford a lawyer so I told the judge who set my bail that I will be needing a court appointed lawyer.

7. I need advice on what to do or say. My brother said he is not pressing charges, but I don't know what that means for me exactly.

8. The cop arresting me was a nice guy and said that in his opinion neither of us should be arrested, but that the law required him to arrest one of us since it was a domestic violence case, or something like that.

9. I feel I was wrongly arrested since my brother hit me first and I only defended myself. Also I don't feel I was "trespassing" in his room because we both live in the same house, which is owned by my parents and not by either of us.

10. If it means anything, the cop never read me my rights when he arrested me.

What exactly happens at my court hearing? What advice do you have for me?

Zach · Accepted Answer

Well firstly, number 10 is out.  You only have to be read your rights when you are being arrested AND being questioned as a suspect for what you did.  When the officer was asking you questions before, you were not under arrest and you did not have to have your rights read.  So, that means nothing.

More than likely what occurred is you left marks on your brother and it was obvious you had hit him.  This means you are the one to get arrested.  In many cases of domestic assault someone does have to be arrested and it was chosen that you were.  You can hope the DA is not willing to charge you with the assault and the charges will be dropped.  If this doesn't occur you're going to have to go to your county clerks office and request a public defender and hope you qualify.  Get your brother to be uncooperative with the prosecutor and hope they don't have other admissible evidence.  Although the officers did become witnesses and can see you gave him a black eye possibly.  But if your brother is not willing to cooperate it will be harder for the prosecution to do anything

? · Answer

1

Anonymous · Answer

Cops do not have to read you your rights. You don't have any when dealing w&#92; them to begin with.

"The cop arresting me was a nice guy and said that in his opinion neither of us should be arrested, but that the law required him to arrest one of us since it was a domestic violence case, or something like that" Uh-huh - the guy who shot her in the back of the head said she shouldn't have to be killed or something like that - it's just part of the job.

You are screwed & will be charged w&#92; domestic violence.

Advice? Think not once, not twice nor merely even 3 times before you ever call a cop again.

Boots · Answer

You didn't accidental call the cops because of your job training.

Like most siblings....you have probably had fights with your brother your entire life.

You called the cops because you thought you could get your brother in trouble and it backfired on you. Sorry....but as someone who has had lots of fights with siblings...you knew what you were doing when you called the cops. 

Next time...don't use your brothers computer with out his permission. 

When he tells you to get off the computer...get off of it right then. 

If your brother came out of the fight looking worse than you....that explains why you got arrested.

In the mean time...learn from it and discuss the situation with your attorney.

nas88car300 · Answer

you shouldn't have to much to worry about   but its really up to the DA
but also you are more in the wrong he asked you to leave his room and you didn't
i see really nothing happening to this case here ... just a strean lecture from the Judge

Anonymous · Answer

1. If you were never read your rights, the case will be thrown out.

2. Simply tell the court your story, and I'm sure you will be found not guilty.

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I was wrongly arrested... need advice for my court date?

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