Dear Sir/Ma'am;
On Jan. 30th, 2008 I was charged w/ & arrested for aggrivated assault (domestic) where they claim I brandished a letter opener at my mother & threatened her. When the police came to the home, they pulled me outside and talked to me, they pulled my brother (who had day surgury- an in/out proceedure drilling a small hole in each sinus cavity to help his breathing. They gave him a large prescription of Lor-tab 10's and I picked him up. Later that day he had me take him to the place he was living to "pick up a hogie sandwich he thought I would want" and also came out with a handful of pharmacutical amphetimines which he took all of immediately. During the afternoon he took the entire prescription of Lor-tabs and his nose hadn't stopped bleeding from his proceedure.) A policeman took a statement from my brother while he was extremely high, and my mother was inside with a 3rd officer who saw the letter opener on our coffee table, picked it up and asked my mother if I was threatening her with it. She repeatedly told him NO and he asked if I was holding it when I threatened her. She told him I had been opening the mail (my brother & I were arguing about him ruining my two finals assignments due at my online school by midnight the following night. He (while high) wiped out all my files for the finals in one class, bled on & spilled cola on all the hard paperwork I had ready to be typed in for the second classes final project, ruining two-months of hard work.) He and I were heatedly arguing over what he'd done and my mom told us if we didn't call down she would call the police to come and make up calm down.
After arriving and taking everyone's statement it came down to the fact that when my mom said she was going to call the police to seperate us, I told her that because I was on probation something like that may cause my probation to be revoked and I would go to jail. Sarcastically, I said, "Momma if they take me to jail over this mess, I'm gonna kill you." She's said it to me, and down south here we talk like that all the time. It's never heard or thought of as literal threats it's just and exasperated utterance to show our frustration over situations.
They arrested me for aggrivated assault and afterward my mother went through leaps and bounds to get the charges dropped, the D.A's office told my mom she would have to fill out several forms and write statements explaining the real situation. She did all that happily. We went to court for the original arraignment and an assistant to the D.A came to me and my mother with a blank paper where she had pencil written a 3 month payment schedule for $350.00 and plainly said, "it would be helpful if u looked in the phonebook for an anger managment class you can go to that you will have to pay for. She never gave me any court documents "mandating" that I was to seek out angermanagement classes or any other paper than the blank one with a penciled in payment schedule for $350.00
My mom got a money order for the $350, mailed it to them directly and we nver heard a word about the matter until May 2010 when I get a letter in the mail to appear for arraignment on this same charge.
Since I had no mandated paperwork showing any specific time frame I had to complete these courses that the assistant to the D.A. said I should; how, now, can the D.A. prepare to try me in court using my mother & brother by subpeonaing them to testifuy against me. Also, the deputy who delivered the subpeonas knows my brother personally, and said his opinion of my brother is that he extremely exaggerates everything he's conversing about and that he is known to get extremely self-medicated. Local ambulance and hospital emergency people have knowledge of these occurences as well.
I don't understand why the D.A is pursuing something when all this sounds at best is like a colander, how early can I ask for discovery. The trial is 9-1-10. Any advice?
On Jan. 30th, 2008 I was charged w/ & arrested for aggrivated assault (domestic) where they claim I brandished a letter opener at my mother & threatened her. When the police came to the home, they pulled me outside and talked to me, they pulled my brother (who had day surgury- an in/out proceedure drilling a small hole in each sinus cavity to help his breathing. They gave him a large prescription of Lor-tab 10's and I picked him up. Later that day he had me take him to the place he was living to "pick up a hogie sandwich he thought I would want" and also came out with a handful of pharmacutical amphetimines which he took all of immediately. During the afternoon he took the entire prescription of Lor-tabs and his nose hadn't stopped bleeding from his proceedure.) A policeman took a statement from my brother while he was extremely high, and my mother was inside with a 3rd officer who saw the letter opener on our coffee table, picked it up and asked my mother if I was threatening her with it. She repeatedly told him NO and he asked if I was holding it when I threatened her. She told him I had been opening the mail (my brother & I were arguing about him ruining my two finals assignments due at my online school by midnight the following night. He (while high) wiped out all my files for the finals in one class, bled on & spilled cola on all the hard paperwork I had ready to be typed in for the second classes final project, ruining two-months of hard work.) He and I were heatedly arguing over what he'd done and my mom told us if we didn't call down she would call the police to come and make up calm down.
After arriving and taking everyone's statement it came down to the fact that when my mom said she was going to call the police to seperate us, I told her that because I was on probation something like that may cause my probation to be revoked and I would go to jail. Sarcastically, I said, "Momma if they take me to jail over this mess, I'm gonna kill you." She's said it to me, and down south here we talk like that all the time. It's never heard or thought of as literal threats it's just and exasperated utterance to show our frustration over situations.
They arrested me for aggrivated assault and afterward my mother went through leaps and bounds to get the charges dropped, the D.A's office told my mom she would have to fill out several forms and write statements explaining the real situation. She did all that happily. We went to court for the original arraignment and an assistant to the D.A came to me and my mother with a blank paper where she had pencil written a 3 month payment schedule for $350.00 and plainly said, "it would be helpful if u looked in the phonebook for an anger managment class you can go to that you will have to pay for. She never gave me any court documents "mandating" that I was to seek out angermanagement classes or any other paper than the blank one with a penciled in payment schedule for $350.00
My mom got a money order for the $350, mailed it to them directly and we nver heard a word about the matter until May 2010 when I get a letter in the mail to appear for arraignment on this same charge.
Since I had no mandated paperwork showing any specific time frame I had to complete these courses that the assistant to the D.A. said I should; how, now, can the D.A. prepare to try me in court using my mother & brother by subpeonaing them to testifuy against me. Also, the deputy who delivered the subpeonas knows my brother personally, and said his opinion of my brother is that he extremely exaggerates everything he's conversing about and that he is known to get extremely self-medicated. Local ambulance and hospital emergency people have knowledge of these occurences as well.
I don't understand why the D.A is pursuing something when all this sounds at best is like a colander, how early can I ask for discovery. The trial is 9-1-10. Any advice?
