I had an alltercation at my home and i slaped a guy around and threw him out. When the cops came to question me about it I refused to say anything. They then came back three days latter with an arrest warrant for simple battery and armed robbery. they also had a search warrant. They found no gun ar the clothes I was supposely wearing at the alleged time. It was in my home an i HAVE A WITNESS THAT WAS THERE. HIS WORD AGAINST MINE HOW CAN THIS ACTUALLY GO TO COURT?
Criminal Defense Attorney
As a general principle of law, a Complaint is based on probable cause (a reasonable suspicion) to believe a crime was committed by you. If the other person gave a statement saying you did this, there is a reasonable suspicion. This not the same standard required at trial to establish guilt beyond a reasonable doubt. At trial, the he said /you said will become an issue. Since you are charged, you need to discuss this difference, and how this impacts the defense of this case with your lawyer before you make any decisions about the case. Good luck.
DISCLAIMER Since I do not practice law in your State, this answer is provided solely for informational purposes only, for you to use as a starting point when speaking directly with a lawyer in your State. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising. I urge you to immediately contact an experienced criminal defense lawyer admitted to practice law in your State before you make any decisions about this case.
Criminal Defense Attorney
The police only need probable cause to file charges against you. Therefore, the threshold for filing charges is pretty low. Unfortunately, a lot of charges are filed due to small amounts of evidence. That may be in the case in your situation and that is how the charges can go to court.
It depends on many factors. Some being the severity of the case and the amount of time he has spent in jail. Also it will depend on what the DA wants, what the alleged victims want, and what judge he has tomorrow. Seeing that there are so many unknowns your best bet really is to talk to his attorney and see what the attorney knows.
If you can't afford a lawyer you may be eligible for a court appointed attorney. Make sure you go to your court date and be on time. You may have a chance to talk to the DA and you can see what the DA is looking for.
Attorney Jason Chan
77 Franklin Street, FL3
Boston, MA 02110
disclaimer: I am not licensed to practice law in your state. Please be aware that this is for informational purposes only.