My ex girlfriend who was living with me in Boston, MA .She accused me for domestic violence because I was trying to protect our child from her violence behavior toward him. she reported to the police that I was the one who committed the domestic violence because I was trying to avoid any harmful scene against my son. I just pushed my girlfriend to prevent the violence she had against my son and she used the statement to that I was the one who was violent against her. That was not case I was just protecting the Wealth of my son . and for protecting my son from her violence behavior now I am in jail and have a restricted order and family as well that we cannot see or surrender my son. I am desperate, I was just preventing any a worse abusive case scenario with my child. please advice
Family Law Attorney
Well, I trust you're not in jail right now; or you wouldn't be able to post this here. In any case, this is not a problem that can be solved over the internet. 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.
Talking to the police without your own lawyer present can never, ever help you. 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. Shut your pie-hole. Have I made myself clear?
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 gob 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.
Please read the following notice: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and do not constitute legal advice or create an attorney-client relationship. No posts or comments on this site are in any way confidential. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br> Jay Bodzin, Northwest Law Office, 2075 SW First Avenue, Suite 2J, Portland, OR 97201 | Telephone: 503-227-0965 | Facsimile: 503-345-0926 | Email: firstname.lastname@example.org | Online: www.northwestlawoffice.com
Personal Injury Lawyer
If this happened in Boston you need an attorney from Boston to aggressively represent you at the trial.
973-984-0800. Please be advised my answers to questions does not constitute legal advice and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.
You need a criminal defense attorney as soon as possible. You can likely claim defense of others as an affirmative defense. Unfortunately, you will likely need a family lawyer as well to assist you in getting your son back. This is all too common a scenario. You will want to avoid a conviction for domestic violence if you are likely to have ongoing custody battles, because it will get used against you.
No attorney client relationship is created by virtue of this answer. Further, answers are for information only and should not be relied upon unless there has been a formal consultation. Many cases are fact specific and there is simply no way an attorney could possibly provide complete advice without all the relevant facts.