I was in an altercation with my much larger and much more burly older brother. No assault took place but my older brother did restrain me because thing were moving that direction. In the process of yelling at each other my mother panicked and called the police for assistance. Cops showed up everyone refused to give statements and I went to jail on a DV assault charge.At pretrial the C.A refused to drop the DV to a disorderly so I pled not guilty. After getting the police report I see the arresting officer fabricated a confession from me, reported my brother's face was swollen and bleeding and claims my brother said it was from my repeatedly punching him. The C.A. has not entered the police report as evidence. I would like to as well as subpoena the other officer on scene.
The police report contains inadmissible hearsay and should not be admitted into evidence. If you are representing yourself, you will be held to the same standard as an attorney and will be expected to know how to subpoena witnesses, introduce evidence properly, and how make objections to the state's evidence. You are also required to give the state written timely notice of your defenses, your witnesses, and your exhibits or you could be precluded from presenting them. There may be pretrial motions to preclude or suppress some of the State's evidence that would need to be timely filed before the trial. These are all things that could dramatically shape what occurs at trial and therefore the outcome.
Because the alleged victim is a family member, the charge is considered a "Domestic Violence" offense and therefore carries additional potential consequences above and beyond having a criminal conviction, possible probation, fines, and/or jail (including restriction on right to possess weapons, immigration consequences, suspension of fingerprint clearance card status, mandatory counseling and potential child custody implications, among others).
Because there is so much at stake, you really should contact a criminal defense attorney to best protect your interests. Do not rely on the right thing happening on its own. Good luck!
Your situation, your circumstances, and the best course of action for you cannot possibly be determined through this exchange. My comments are not intended to be legal advice on how you should act because there is too much information about you and your circumstances that I do not have. I hope to provide you with some additional information to consider but urge that you seek a personal consultation with a qualified attorney before you chose to act. Many criminal defense attorneys (myself included) offer free consultations.
This is really a criminal defense question rather than a personal injury question. You really should consult a local criminal defense attorney about your case. Try the Find A Lawyer tab on Avvo or the State Bar of Arizona. Good luck.
Get a free consultation with a criminal defense attorney. This is an issue you should not tackle by yourself.
As my colleagues said, your best bet is to consult with a criminal defense lawyer as soon as possible.
Abraham Lincoln said that the lawyer who represents himself in court has a fool for a client and the client who represents himself in court has a fool for a lawyer. Go see a criminal defense lawyer and get some competent legal counsel. use Avvo find a lawyer feature to do that and good luck.
The content of the this submission is intended to provide general information on the topic presented, and is offered with the understanding that the author is not rendering any legal or professional services or advice. This submission is not a substitute for legal advice. Should you require such services, retain competent legal counsel.