Do I really need a attorney for a misdemeanor battery ??

Asked almost 2 years ago - Algonquin, IL

There is no proof this security guard says I bit him while he was unnecessarily trying to restrain me there is no evidence of a bite mark ! What do I do I cannot afford a attorney ),;

Attorney answers (6)

  1. Judy A. Goldstein

    Contributor Level 20

    8

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    Answered . The witness can testify that you bit him. That is the evidence. The witness' demeanor and credibility will strengthen or weaken the case, but that is the proof the prosecution needs. This might be a he said-he said case, but do not rely on the argument that there is no proof. You need a lawyer. You are fortunate you were only charged with misdemeanor battery if the allegation is that you but the security guard. It could have been worse. On the first court date, ask for a public defender.

  2. Joshua Sachs

    Contributor Level 19

    8

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    Answered . The fact that you do not even realize that the security guard's evidence standing alone would be, and very easily could be, sufficient to convict you should demonstrate to you that you need a lawyer. Are you also aware that this case could give you a criminal record that would follow you for the rest of your life? A conviction in Illinois, even for a misdemeanor, can never be expunged. A conviction for battery can never be sealed, either. Wake up and take this seriously.

  3. Frank Mascagni III

    Contributor Level 20

    9

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    1

    Answered . Yes you need an attorney to represent you. If you cannot afford private counsel, ask the judge at your first court appearance to appoint you a public defender, if you qualify. The security guards testimony that you bit him = proof! Get an attorney.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this... more
  4. Michael Antonio Canganelli

    Contributor Level 9

    6

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    Answered . I do not understand why someone would even ask this question. Honestly, if one needs surgery, does one perform surgery on oneself? No, when one needs to defend in court, one had better hire an attorney, or else one pays for it with unknown consequences.

    Any information provided is meant merely as a courtesy in providing general legal information, and should, under... more
  5. Macy Michelle Jaggers

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . The security guards testimony is evidence. Yes, you need an attorney. Many people assume they cannot afford an attorney but are surprised to find reasonable fees and payment plans once they start calling around.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more
  6. Raymond George Wigell

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . Yes, you need an experienced criminal defense attorney.

    Of course every answer is based on the question asked and requires a more complete context. This answer should... more

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