Assault & Battery Arrested on bogus assault charges

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doutommy

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Here in a nutshell is what happened. Mom got lung cancer and died so I am staying with dad for support in a large apartment. Dad was doing better than I thought and meets a woman in a bar. 2 weeks later she moves in, 2 weeks later they are married. My dad is 73 and she is 45.

She is mentally ill. I figure she is bi-polar with borderline personality disorder. I have also seen pill bottles for lithium and risperadol.

She decides she hates me and wants me gone. Fine with me, I am getting ready to leave...but I never had enough time (I was strapped for cash so I was figuring everything out).She calls the police and says that I hit her. The police understand what is going on and do nothing. A few weeks later she does this again, and again the police do nothing. My dad backs me up too. Well, she got smart and the 3rd time told my dad to back her up or she would leave him. She calls the county sheriff this time and I am arrested.

I was charged with 1 count of first degree trespassing and 2 counts of assault on a female. I am not worried about the trespassing since I have ID that has the address on it. It is the assault I am very worried about. She uped the ante and now says that I first punched her in the face and then on another day shoved her with both hands.

I spent 3 weeks (20 days) in jail before I was finally able to get ahold of someone to bail me out.

Oh, an important note here is that I did not ever hit her, I never laid a hand on her. I have never before been arrested in my life, I have a 100% clean record. I have been fortunate in that I have never had to strike another person in my entire life.

There is no physical evidence of anything (obviously, since I never hit her). This stems back to an arguement she and I had back in June where it was only verbal but as I was leaving she shouts out "don't you hit me." She is very violent and aggressive towards me and I would always walk away when she was having a fit. They did lie to the police about the dates of everything.

So here I am now, in a motel room. I will be ere until Wednesday morning at which time I will be homeless (the money has run out and I don't have friends in the area, I am originally from another state). The trial is the day before, on Tuesday (4 days from now). Both the civil (restraining order stuff) and the criminal charges will be dealt with at the same time.

I have a public defended, who I have spoken to a total of 5 minutes. Not having money, I guess this is the best I can expect.

To be honest, I am scared to death of losing this case. I do not have a record and do not want one now. I do not know what to expect or what to do.

Any advice anybody can give me would be greatly appreciated.

FYI, this happened in Hickory North Carolina. The ability to just talk with someone, here or otherwise, would really be great.

Thanks,

Tommy
 
Best way to win something like this? Have the person accusing you of the crimes show up in court so drunk that the judge has the person arrested.

All charges were dropped. :)

Me
 
My only true suggestion would be is try to get here to admit in front of someone or record her on your phone that it didnt happen it will be your word against hers and she will more then likely win if you dont pull a rabbit out of your hat get her on the phone to admit it to someone try to reason with your father otherwise its probation and a life time violent record for you sorry but its the truth good luck
 
You cannot record someone without notifying them that you are doing so. Will your father testify for her that you hit her? I would think that the sheriff would not file charges since she has no marks. Public defenders have so many cases that they do an injustice to the people they represent. Since you do not have a record they should be a little more lenient. In your situation, I would fight this case. If you lose this case you could probably serve 1 year in jail. They also have diversionary programs where you are place on probation and have to do community service, plus pay court costs and the charges are dropped. I really don't like these programs because they tell you adjudication is withheld but the charges still show up on your record.
 
A few follow up questions here.

#1 - I plan to have my record expunged now. All charges were dismissed so I am assuming this will be no problem (and I have no previous record). What should I expect in a fee for this type of service?

#2 - Am I correct in assuming that having my record expunged is just a matter of some forms passing through a judges office? I ask because this is a NC matter but I would like to leave for awhile and go back to NY while I try to rebuild my life.

#3 - I wouldn't mind an attorney recommendation if anybody has one in my current area (Hickory, NC)?

Thanks.

T
 
This woman had committed a crime. She has lied, filed a false police report etc. There is no proof of her injuries. She has a history of mental problems (if she has pills, she is seeing a doctor), You should get a lawyer to write her a strongly worded letter to scare her. I think she will back off. Then I would sue her and get a restraining order against her.
 
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