Do I need a criminal defense attorney?

Asked 8 months ago - San Diego, CA

Long story short my brother and I got into a fight, I shoved him and then he pinned me to the ground and began punching. The only injuries he sustained were scratch marks and a bruised eye from me trying to hit him off of me. However, I have bumps and bruises on my head, eye and jaw from where he was punching. He is 17 and I am 20 . Neither of us pressed charges when the police arrived however they said they have to submit the case and that it would be up to the DA to press charges or not. Should I be talking to an attorney?

Additional information

When questioned by the police I didn't remember much of the incident. I don't remember much after being punched in the head however I am slowly piecing it together.

Attorney answers (12)

  1. George Ellis Corson IV

    Pro

    Contributor Level 20

    22

    Lawyers agree

    Answered . Were you arrested? You probably do not need an Attorney unless you are charged. Just keep your mouth shut about the incident until you know one way or the other.

    I represent Employers, but I can recommend Worker Attorneys in So Cal if you ask.
  2. Dan Eugene Chambers

    Pro

    Contributor Level 19

    22

    Lawyers agree

    Answered . You definitely should not speak to the police. If a criminal case is filed, you will receive notice and at that time, you should retain an attorney.

  3. Mark Lawrence Deniz

    Pro

    Contributor Level 15

    21

    Lawyers agree

    Answered . The prosecution will send notice to you if you are charged. If so, consult an attorney.
    In the meantime do not speak of the incident. If police come to ask questions refuse.

    This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient... more
  4. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    21

    Lawyers agree

    Answered . Maybe! If charges are filed you need one. Do not speak with anyone about this.

    Andrew Roberts (818) 597-0633/ (805) 496-7777
  5. Victoria L Clemans

    Pro

    Contributor Level 14

    18

    Lawyers agree

    1

    Answered . You need to talk with an attorney and stop posting stuff as it is in the pre-file stage. Plenty of talent on Avvo that will give you a free consultation. I see that you're in San Diego, so hire someone local. LAW OFFICES OF VICTORIA CLEMANS.

    This is a general statement regarding law and facts and should not be construed as an attorney-client relationship... more
  6. Charles Patrick Greenwood

    Contributor Level 14

    20

    Lawyers agree

    Answered . Also, document your injuries with pictures or other evidence before they disappear. Keep these and show them to your attorney in case you are charged.

  7. Peter Michael Liss

    Pro

    Contributor Level 7

    18

    Lawyers agree

    Answered . You should consult a criminal lawyer. The D.A. will review the police report and determine what charges if any to file. If you hire a lawyer now, the lawyer can advocate your interests to the issuing unit D.A. assigned to review your case. There may be facts or information not in the police report which you want the D.A. to know.

  8. Sholeh Iravantchi

    Contributor Level 15

    17

    Lawyers agree

    Answered . When the police sends its report to the DA, they need to review and if they think they have a case, will initiate a complaint. At this stage, you have not been charged. You will need an attorney once charged. At this point is advised that you do not discuss your matter.

  9. David Philip Shapiro

    Pro

    Contributor Level 18

    17

    Lawyers agree

    Answered . Of Course!

    More speaking about this to a locally experienced, quality, criminal defense attorney, and less divulging case specific information and pseudo-admission on public forums such as avvo.com.

    Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555
  10. C. Donald Briggs III

    Pro

    Contributor Level 20

    18

    Lawyers agree

    Answered . Not yet. You should talk to an attorney if and when any criminal charges are brought against you. Talk to no one about this in the meanwhile.

  11. Jay Scott Finnecy

    Contributor Level 12

    11

    Lawyers agree

    Answered . Yes, you need an attorney for all the reasons stated by Mr. Liss and my other colleagues here on AVVO. Most, it not all of the attorneys here on AVVO will offer you a free initial consultation to discuss your case and explain how we can help.

    Law Offices of Jay S. Finnecy (619) 855-3003 or (760) 522-7006 criminalattorneysd.com
  12. Ginny Harjot Kaur Walia

    Pro

    Contributor Level 11

    10

    Lawyers agree

    Answered . You should not make the admissions you have made here on a public site. Additionally, you should definitely not speak with the police about this matter. If contacted by law enforcement, contact an attorney immediately. If you want to take additional precautions, hire a lawyer in your are for pre charge investigation and the lawyer can contact law enforcement to find out the status of any potential filing.

    This answer does not constitute legal advice and does not create an attorney-client relationship.

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