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My daughter rose up against me and in response I retaliated. Unbeknownst to me she called the police and said that I attacked her. Her two year old son was present also. Two warrants were placed on me: Simple batter and third degree child cruelty....
The police need probable cause to make an arrest. The responding officer should make a determination on whether to arrest by interviewing the parties involved, making observations (injury to one or both parties, damage to the house, etc.), and using good judgment as to whether an arrest would be appropriate under the circumstances. "Probable cause" is such a low standard most officers can and will make an arrest based solely on the statement of one person.
Fortunately the standard to convict is much higher than the standard to arrest. To be convicted of a crime the State must prove that you are guilty "Beyond a Reasonable Doubt". A battery case, based solely on the statement of the alleged victim, will be a difficult case for the State to prove Beyond a Reasonable Doubt. Of course, if there is additional evidence that supports the alleged victim's statement the case will become better for the State.
Here are my suggestions on what you should do from this point forward:
1. Consult with an attorney; if you can't afford an attorney then ask the court to appoint you one;
2. Do not discuss the case any further with family members or your daughter; you and your daughter may now be getting along well, if so, that's great. However, it's never wise to discuss the facts of the case with witnesses in the case; especially the alleged victim;
3. If there is an order in place requiring you to stay away from your daughter then comply with the order. The two of you may be getting along well now but if the relationship sours it's your butt at risk if you're not complying with the order
Good luck with your situation.See question
my fiance is on probation in fulton county for a dui conviction, he was later arrested for an aggravated assault charge. Can his probabtion give him jail time for this?
Yes. When a person is on probation and rearrested for a new offense then they are subject to having their probation revoked; meaning they can serve their remaining term of probation in custody.
In Georgia it's not necessary for a probation officer to wait until the resolution of the new charge. It's possible for a person to have their probation revoked, before the resolution of the new charge, if the State can prove by a preponderance of the evidence that the probationer committed the new offense. The "preponderance of the evidence" standard is lower than "guilt beyond a reasonable doubt".See question