Arrest, Search, Seizure, Warrant what do I do?assault charge with no arrest?

[need4speedic]

This was at a hardcore heavy metal show in VT

My son(19yrs) got a somons(ticket) for agravated assault and I dont know what to do..He was at a concert and tryed to break up a fight when he was punched from behind so he hit the person closest to him causing a brokin nose and a brokin cheek bone in 2 places.there are witnesses(against my son) that saw what happened even though it was very dark.The person who recieved the 2 punches is only 14 or 15(son said he looked alot older).Well the local police did not arrest my son because he went back to NY but the police did ask him to appear the next day(police showed in at the hospital in NY,my son broke his hand) at the vermont police station,which he did,they made him write down what happened and he signed it,he wrote he hit the kid once in the head and once in the face.My son said he tried to break up the fight but gended up getting cought in the middle of the fight.....Then they gave him a appereance ticket for agravated asault.The police did not read him his rights,or ask him if he needed a lawyer.He has to appear next month in court and I dont know what he should plea,guilty or not guilty because he was not the only person who hit this other person.Know one else was giving a ticket just him??I dont know what to do.Also I went to VT police station to get a copy of the police report and the police said they have up to 30 days to do that..that dont make since to me...I dont have any money to get a good lawyer neither does my son.He is a good kid with a good heart until he got mixed up with wrong people.Before all this happened he said he wanted out of the band,he just got a job and was getting his life together(for once)but he had to go do one more show.ANY GOOD ADVICE out there.....I'd like to see him pay for all that he did(if he did it) but I'm worried he will end up in jail............thanks for any help you can offer me..I know this is hard to read because I"m not good a writing stuff...I thank you.. need4speedic@aol.com..............thanks,Phil

he has to appear in court june 5th and the ticket was issued may 12th,we need the police report and I'm afraid there going to change the report to favor the DA and not be fair about this.Yes I do feel relly bad about the other kid also,I've been in his shoes but I did'nt press charges because I had a big mouth back then and learned my lesson as my dad said.I never every had that big mouth again and my nose is still crooked,lol...

 

[seniorjudge]

Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts or caps.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

"Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a 'vibrate' position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings."

(Better yet, don't carry your cell phone into the courtroom.)"


Here are seven stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I've been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I've got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn't stopped some defendants from using both.)

5. You've got the wrong guy. (A variation of this one is the phantom defendant story: "It wasn't me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off." Or, another variation: "I was forced into it by a bad guy!")

6. I was influenced by a bad crowd.

7. I/my kid/my whatever has surgery scheduled.


http://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender's advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.

 

[calalily]

The first appearance in court should be the arraignment at which time he should plead not quilty and ask for a lawyer based on inability to pay. Have son take tax return from last year and current pay stub as financial proof but only offer if they ask for it. Then, make sure and do the paperwork for a lawyer with the court clerk or whoever they tell you to see about it. Next, make sure your son calls the lawyer and sets up an appointment. Tell him not to take his friend's advice over the lawyer's even if they say (the friend) that they were in the same situation. Actually go see the lawyer and follow his advice and/or do research on your own about the laws in the state where this occured.

 

[need4speedic]

thanks for the information..I also told me son not to mention(to a lawyer over the phone) the fact that my son was never read his meranda rights before he made and signed a statement to the police wait until he finds the lawyer thats going to represent him then let the lawyer know..

Will the penalty(agravated assault with injuries) be worse because the kid he punched was a minor?age 14 or 16????

 

[seniorjudge]

What is the statute number you are charged under?