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My brother is being charged with assault, what can happen if he doesn't show up with an attorney? Does he have a chance to win?

Chicago, IL |

He was arrested on October 07, 2013 for supposedly "assaulting my neighbor". He has had on and off issues with this man for more then 10 years. He has constantly followed and harassed him since he was underage. My bro has a battery report against him for hitting me with his car in Jan 2013. He is not free to walk out of the house without him following my bro and bad mouthing me. On Oct 07 my bro was sitting in front of the house and he walked out of his car and immediately started yelling at my bro and telling me "I get rid off people like you". My bro became furious when he started saying bad things about my mom, so he got up and went up to his face and asked him what his problem was. He was so mad, but he didn't hit him, instead he kicked his sprinkler.

Attorney Answers 6

  1. Depending on his employment status, he may be appointed a public defender. There aren't enough facts to determine if he has a chance to win at trial, if this case will ever go to trial. Depending on the sentence of his earlier charge, he might also be looking at additional charges for violation of probation, or being sentenced on that underlying charge. He should certainly consult an attorney. Most of us offer free initial consultations.

  2. His chances improve if he keeps his temper in check, uses an attorney or public defender and ignores the idiot next door. Also does not discuss this police officers or others who might be witnesses against him

    My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none.

  3. Listen to Mr. Cohen. Your brother needs to stop acting like a kid. And his chances in court improve if he uses a lawyer who can help make peace and keep his record clear.

    The response I have provided is general in nature, and does not create an attorney-client relationship. My practice is based in Rhode Island, and the law and practice in other states or jurisdictions may be different.

  4. Asking, "Do I need a lawyer is seldom answered no DIY us your best course of action.

    This is yet another example that what appears to be a relatively simple question is not simple to answer unless ALL the facts and an actual (not a paraphrasing) review of the court record is conducted by an experienced criminal defense attorney.

    The first part of a complete analysts is reviewing the government's investigation. This must be followed by the defense investigation of the events that tests the government's conclusions and pursues any new leads.
    The defense must ascertain if the government can meet it's burden of proving it's case beyond a reasonable doubt.

    A determination of alternative sentencing and the viability of plea negotiations must be methodically considered.

    This is a cursory review of what good lawyers do every time they accept a new criminal case.

    Consult an experienced criminal defense in this and in all cases.

    Of course, every answer or response is based on the information provided in the question asked and requires a much more complete context than is available in this public forum. This answer/response should NOT be relied upon to make any legal decisions. Seek the advice of an experienced Federal and/or state criminal defense attorney in your jurisdiction BEFORE you say or do anything.

  5. There's a chance to win any case, whether he can depends almost entirely upon the skill of his attorney and the credibility of the witnesses. Because it is a jailable offense, the judge will give him a continuance to hire a lawyer, or if he qualifies, appoint the public defender.

  6. Based on the facts you present, it appears that you have a good chance at a not guilty. Your brother should appear with an experienced criminal defense lawyer.

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