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Simple Assault -Would an attorney subpoena phone records & text message records? I need an attorney without a HUGE retainer fee.

Dallas, GA |

A few months ago my wife picked me up from McDonald's & told all of our family that I just appeared at the apartment (a lie). While I was there seeing my children I asked to use her phone to call my ride & someone text her while I was using her phone. I told her who text her & she hit me & scratched me b/c I had her phone about to call my ride. She called the police & told them that I hit her & scratched her. She is actually the one that hit & scratched me. I had no idea she called the police after the altercation or I would have stayed. The police picked me up days later & told me my side didn't matter. She has since went to court, under oath & said that the individual that the altercation was about didn't exist. If her phone/text records could be brought up it would show that he does.

The police told me that they had her side of the story and mine didn't matter. I plead out while in jail because I wanted out of jail but I'm not guilty. She has on MANY occasions attacked me, hit me, punched me. She has even tried to hit my brother who is her step father. My family has been on the phone with me while she's hitting me and I've never called the cops, hit her back or done any harm to her.

Attorney Answers 2

  1. Contact your state or county bar association and request a referral to an attorney new you.

    The market will determine what attorney's in your area charge, along with the usual issues like complexity of the case, experience of the attorney etc. As a practical matter, you may have to pay what you have to pay

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.

  2. You did great harm to yourself by pleading guilty under oath. You MIGHT have time to attempt to withdraw your plea, but it's an uphill battle. Once that time window closes, a habeas corpus action is all you have.

    Go to my website, search for Terms of Court and see if you are still within the same term as your plea.

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