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Assaulted and after filing assault charges I got falsely charged for disorderly Public Order, Loitering, Urination

Discussion in 'Criminal Charges' started by Martin Kollek, Aug 24, 2019.

  1. Martin Kollek

    Martin Kollek Law Topic Starter New Member

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    Jurisdiction:
    New Jersey
    I was walking down the street and a car pulled out right in front of as I was about to cross. I said out "I guess pedestrians don't have the right of way". Guys windows were closed, he heard nothing. All of a sudden a woman starts yelling at me from the left. I only defended my stance in that I had the right of way. I did t use any profanity at her. Shortly after this her husband jumps out and runs towards me grabbing me by the neck area and threatening me. Of course I filed an assault against him. But now I got a summons from the court that she is claiming I called her names and got me charged with disorderly. What do I do?

    There was a camera across the St and the police said they will get a copy. How do I know if they did, that could be used to prove my innocence too.

    These charges are totally unfounded.

    I don't want to have to pay for a lawyer after being the victim of a crime!
    Is there anyway to get this dismissed?

    So mad!
     
  2. mightymoose

    mightymoose Moderator

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    Big deal... No matter what she might have been called it doesn't justify the response you describe.

    Ask. You can direct your question to the police or the prosecutor. They may not even need it if the guy doesn't fight the charge. Unless you are leaving out significant information you have nothing to worry about in this.

    If the prosecutor decides there is not enough evidence to support the allegation then the prosecutor may drop the charge against you.

    Be patient..If it happened as you say it will all work out.
     
  3. Martin Kollek

    Martin Kollek Law Topic Starter New Member

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    The guy already plead not guilty and is hiring a lawyer.
     
  4. army judge

    army judge Super Moderator

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    The police have no legal duty to exonerate you.

    You, on the other hand, have the right to remain silent.

    You also have the right to a criminal defense attorney.

    I suggest you advise your attorney of anything or anyone who could assist in your exoneration.

    How do you know, if you think, the police are reluctant to do what is right won't destroy the evidence?

    The time to worry about such matters is before you get caught up on the wrong side of the law.

    Obeying our laws isn't an impossible task.

    that is up to a judge, possibly for a jury to determine.

    Until you have been convicted, our wonderful constitution cloaks all criminal defendants with the "presumption of innocence".

    You can ask the court of you qualify for a taxpayer funded attorney.

    You could also plead guilty, saving yourself the financial burden of hiring an attorney, should you not qualify for a taxpayer funded attorney.
     
  5. Martin Kollek

    Martin Kollek Law Topic Starter New Member

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    Can I represent myself?
    How much could a lawyer for such a case possibly cost?
     
  6. mightymoose

    mightymoose Moderator

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    Don't. That never goes well.
     
  7. army judge

    army judge Super Moderator

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    You have the right to appear as your own attorney.

    I would advise against that, however.


    Attorneys charge varying amounts, usually driven by whether you reside in an urban or rural area, a heavily populated state or less populated state.

    In my neck of the woods (Texas), an attorney could charge between $300 to $500.

    In your neck of the woods (Northern NJ - as in Metro NYC), I suspect it would run between $500 to $1,000.

    You can search online and see what it might cost on an attorney's website, or call and ask.
     
  8. Martin Kollek

    Martin Kollek Law Topic Starter New Member

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    Presuming the video exists (if not police report already explains what happened, a police officer viewed it same day).
    Can that cop be called as my witness? Since he watched the video? After he watched the video he made a comment that it looked like she instigated it.

    When I win, can I then sue her for my legal fees?
     
  9. army judge

    army judge Super Moderator

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    Here's the best thing you can do to help you understand the legal jeopardy you might be facing.

    Monday or Tuesday, make several appointments with criminal defense attorneys in your county.

    In fact, some might discuss your issues over the telephone.

    The good news is that most attorneys will meet with a prospective client for 30-45 minutes to discuss all concerns.

    You can ask questions and receive real time answers.

    That visit will cost you not one red, US penny, just your time.

    Good luck.
     
  10. zddoodah

    zddoodah Well-Known Member

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    Defend yourself.

    In the course of defending yourself against the charge filed against you, you can ask for discovery.

    We all have to do lots of things that we don't want to do. It's part of life.

    Yes. Are you familiar with all relevant substantive and procedural laws and rules?

    Call around and ask.

    Yes.

    Anyone can sue anyone for anything. Whether you'll have a valid claim isn't apparent from your posts.
     

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