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Do I need a criminal defense attorney?

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?

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

Posted

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.

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Posted

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 factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply

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Posted

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.

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Posted

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

Andrew Roberts (818) 597-0633/ (805) 496-7777

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Posted

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.

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1 comment

Victoria L Clemans

Victoria L Clemans

Posted

Good point, I thought about posting that but didn't want to get into too many details.

Posted

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.

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Posted

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.

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Posted

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 or a solicitation for same.

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1 comment

Michael James Kennedy

Michael James Kennedy

Posted

I especially agree with Victoria's point that you should not be posting facts about possible criminal culpability on these sorts of discoverable pages. Keep quiet, speak to no one, refuse to talk to the cops, and then if you get notice that something has been filed against you, contact local criminal counsel.

Posted

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

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Posted

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.

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Posted

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

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Posted

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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10 lawyers agree

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