Assault & Battery MIC and assault charge

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bode8778

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Recently I was given a MIC by a police officer. I am an 18 year old female whose a freshman in college. The MIC was given in a hospital where I was admitted by a few friends for suicidal thoughts and being intoxicated. My blood was taken there and a tox screen and apparently the cops were called because I got violent with a police officer. I only knew of this because the doctor came into talk to me about suicidal thoughts (I don't have any, doctor suggested Alcohol was a depressant for me) and I asked why the police were called. He said I had "gotten violent" with a nurse but that she wasn't going to press charges. I didn't ask any more questions.

I hired an attorney to help get my MIC dismissed and when he was given the police report the police had reported that I had kicked the nurse and listed it as an "current investigation." I had no idea about this charge because I did not know any details and the doctor had said the nurse was not going to press charges. Wouldn't the police officer have had to write me a citation for this at the same time as my MIC is he were charging me? I haven't formally received any charges and neither had my attorney until he confronted the prosecutors.

The attorney called me and said that the police officer had tried to send the report to a higher court than city court (I think he might have said district or county) and get my kicking a nurse charged as a felony. The Court apparently denied him and send it back down to city court where the prosecutor said they would treat it like a misdemeanor. The police had gone to the hospital the morning after the incident and tried to take pictures but there was absolutely no mark or evidence that I had kicked her.

My question is, how can I handle this legally? I was admitted to the hospital on suicidal thoughts (Alcohol was treated as a sub reason) and I have an intense fear of needles or really anything painful. My family and I want to know if I could claim that I felt threatened and/or my suicidal thoughts counted as a loss of mental control. Could I handle it this way? My attorney went to talk to the nurse because the doctor had assured me that she didn't want to press charges.

Further details, I am not a girl one would see and expect this. I basically look like a 14 year old and the attorney wants me present in court for this reason. Would it help any to get my cases deferred?

Also, sub-question about the medical proceedings. Obviously they were allowed to draw blood when I was first admitted because I was no coherent, but they also drew blood the next morning where I was at an intoxication level where I could comprehend everything. I even talked with the doctor and signed my citation. They also took blood later in the day when I had no alcohol in my blood, yet they didn't ask permission either time.
 
Recently I was given a MIC by a police officer. I am an 18 year old female whose a freshman in college. The MIC was given in a hospital where I was admitted by a few friends for suicidal thoughts and being intoxicated. My blood was taken there and a tox screen and apparently the cops were called because I got violent with a police officer. I only knew of this because the doctor came into talk to me about suicidal thoughts (I don't have any, doctor suggested Alcohol was a depressant for me) and I asked why the police were called. He said I had "gotten violent" with a nurse but that she wasn't going to press charges. I didn't ask any more questions.

I hired an attorney to help get my MIC dismissed and when he was given the police report the police had reported that I had kicked the nurse and listed it as an "current investigation." I had no idea about this charge because I did not know any details and the doctor had said the nurse was not going to press charges. Wouldn't the police officer have had to write me a citation for this at the same time as my MIC is he were charging me? I haven't formally received any charges and neither had my attorney until he confronted the prosecutors.

The attorney called me and said that the police officer had tried to send the report to a higher court than city court (I think he might have said district or county) and get my kicking a nurse charged as a felony. The Court apparently denied him and send it back down to city court where the prosecutor said they would treat it like a misdemeanor. The police had gone to the hospital the morning after the incident and tried to take pictures but there was absolutely no mark or evidence that I had kicked her.

My question is, how can I handle this legally? I was admitted to the hospital on suicidal thoughts (Alcohol was treated as a sub reason) and I have an intense fear of needles or really anything painful. My family and I want to know if I could claim that I felt threatened and/or my suicidal thoughts counted as a loss of mental control. Could I handle it this way? My attorney went to talk to the nurse because the doctor had assured me that she didn't want to press charges.

Further details, I am not a girl one would see and expect this. I basically look like a 14 year old and the attorney wants me present in court for this reason. Would it help any to get my cases deferred?

Also, sub-question about the medical proceedings. Obviously they were allowed to draw blood when I was first admitted because I was no coherent, but they also drew blood the next morning where I was at an intoxication level where I could comprehend everything. I even talked with the doctor and signed my citation. They also took blood later in the day when I had no alcohol in my blood, yet they didn't ask permission either time.

I suggest you consider what YOUR attorney has advised you to do about this matter.
You should also consult your parents, friends, and family.
What you don't want to do is seek the advice of strangers who know nothing (nor fo they want to know anything) about you.

As you have retained counsel, heed his or her advice.
If you longer trust your attorney, hire an attorney you do trust.

Good luck.
 
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