I was being dropped off at work when she got angry because I told her to find another way home for stating to me "watch what you say when I have your kids" I got angry, we started arguing. Got out the car, told her to leave, she started yelling at me, I got in her face, she pushed me I pushed her back she punched me in my head I grabbed her by the neck punched her in her eye and smacked her twice in the back of her head she called the police got me put in jail and I lost my job. She admitted to the police she hit me first but I went to jail even though they said it was both of our faults. They kept saying shes more at fault because she hit me first but she never went to jail. Is this discrimination?
It's a police decision and then up to the prosecutor to charge. It sounds like both of you should have been charged.
My answer to you question does not constitute legal advice. Only an in person or telephone consultation will result in an attorney/client relationship. Please do not rely on brief answers without checking with an attorney in a confidential consultation.
In these types of situations the police have the discretion of arresting either one.
Before I call it discrimination, I suggest you get an experienced attorney to represent you. The attorney can get a copy of the police reports/witness statements filed and review them for factual discrepancies. Additionally, a lot of police cars are equipped with cameras and recording devices, so your attorney should communicate immediately with the Oakland County Sheriff to determine if such tapes/recordings exist and, if so, that they be preserved.
Neil M. Colman
Mr. Colman is licensed to practice law in Michigan. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Colman strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.