Do I need a lawyer and what do I do

Asked about 1 year ago - Richmond, VA

My girlfriend of two years was texting a guy off my cell phone I own I asked her why she did it and she got very nasty and disrespectful to me so I asked her to leave my house and she wouldn't leave she thew a bowl of food I put my arm infront of her to stop her from throwing anything else she jumped me and hit me I restrained her to stop hittting me my nebors called the cops and found no signs of assult but the state took over my case and chargeing me for assult and the cops said there was no evidence of harm and she told the cops I punched her but I didn't what do I do

Attorney answers (3)

  1. Andrew Todd Elders

    Contributor Level 9

    3

    Lawyers agree

    Answered . Call a lawyer and don't talk to the police about your case. If the girlfriend doesn't want to cooperate with the prosecution, then she needs a lawyer if her own.

    The information provided in these responses is not, nor is it intended to be, legal advice. You should consult an... more
  2. James Donald Garrett

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Do I need a lawyer? This is a question I hear every day. Let me just say that you are charged with a crime and there will be a prosecuting attorney with the unlimited resources and the power of the Commonwealth of Virginia prosecuting your case; and his goal is to have you found guilty and put in jail. So, I'll ask you, do you know the intricate details about the law, rules of evidence and possible defenses to you charges to handle the matter on your own?

    Good luck.

    Attorneys on AVVO donate their time and your feedback is appreciated. Be sure to mark the "Best Answer" or Helpful" to your questions.

    James Garrett
    Garrett Law Group, PLC
    http://www.garrettlawgroup.com
    jd@garrettlawgroup.com
    (757) 422-4646 - 24 hour Service

    Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any... more
  3. Jay Bodzin

    Contributor Level 20

    2

    Lawyers agree

    1

    Answered . If you're facing a criminal charge, you need to consult in private with a criminal defense attorney immediately. You must not discuss this with anyone else until you do. That includes discussing it on the internet, and it especially includes talking to the police. DO NOT TALK TO THE POLICE. If they try to talk to you, you must say "I'm sorry, but I don't want to answer any questions or consent to any searches, and I'd like to speak to a lawyer, please." Or, if you want to be technical, say "I'm invoking my right to remain silent and my right to counsel." Say that, ONLY that, then STOP TALKING. You will feel the urge to explain yourself, to tell your side of the story, to try to say something to make the police believe you. The police will encourage that urge. Resist it.

    Talking to the police without your own lawyer present can never, ever help you. You will never, ever persuade the police that you're really innocent - if you've been charged, then they've already made up their minds. The police are allowed to lie to you and trick you to get you to make self-incriminating statements. They can misrepresent what evidence they have. Or they will say, look, I'm sure this is all a misunderstanding, why don't you tell me your side of it - and then you'll say something they can use against you, and lose any chance of a defense. Do not fall for it. Do not talk to the police. Ask for a lawyer. Say nothing more. This is really, really important.

    Why do you need a lawyer? Only a lawyer can hold the police accountable for statements they may make to you about what evidence they have, or don't have. If you say one thing about a conversation, and a police officer says another, who do you think the court is going to believe? The police officer who's been on the force for ten years, or someone who's accused of being a criminal? People always believe officers above ordinary citizens (even though officers lie fairly commonly), if only because officers tend to be more coherent and articulate in their presentation. Only a lawyer can be sure of getting access to evidence the police hold that might help you. And only a lawyer can tell you what it's safe to say, and when you need to keep your mouth shut (answer: most of the time; but it's impossible to give specifics without being there).

    You have the right to be appointed a lawyer, at taxpayer expense, if you're charged with a crime. So, no excuses. Do this right away.

    Please read the following notice:

    Jay Bodzin is licensed to practice law in the State of Oregon and... more

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