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Can I still press charges on an assault from 2 years ago?: Two years ago at a house party, a man that I had recently met grabbed me by the neck and began making sexual aggressive statements while waving an antique cane that contained a sword/knife. When I told him to stop he did, and said it was a joke. Is this assault? Can I do anything now?

Asked about 1 month ago in Criminal Defense

Christopher’s answer: If the person touched you and it was unpermitted, it was an assault. The level of assault would have to be determined by the prosecutor. However, the bigger problem is whether you could find a police department willing to take a report and issue charges on a crime that happened that long ago. You can contact the police department for the jurisdiction in which the conduct took place and speak with an officer/detective, but it will be up to them to determine whether they will take a report or issue charges.

Answered about 1 month ago.

What are my chances for getting charges reduced and keeping my license.: Pulled over for speeding 64 in a 55. Officer asked me to sit in his car with him. Asked me if I had drank anything, told him I had 1. Blew in breathalyzer in his car. He just said were going to the station, I asked what it showed he didn't tell me. Went to police station blew in their machine blew .095. The y gave me my ticket and I walked out the police station where my wife picked me up. My question is upon some research I have read that there is a waiting period before you take a breathalyzer. There is a 14 minute difference between ticket time and arrest time. Whole process only took 45 minutes from pulling over to time I was at my house.

Asked about 1 month ago in DUI & DWI

Christopher’s answer: Please consult an attorney who has considerable DWI experience, not just a lawyer who says s/he can handle DWIs. That attorney will be able to analyze the "facts" of your case to determine exactly what can and/or should be challenged. Specifically, in regards to a "waiting period," officers are supposed to actually observe you for 15 minutes prior to you performing a breath test to ensure you have no ingested any substances, have any foreign substance(s) in your mouth, or burp up any substances.

An attorney with significant experience will be able to review your case to determine whether the officer followed proper procedure on that aspect of your case, along with all the rest of the procedures of a DWI stop/arrest. Please be sure to contact him/her quickly, as you only have limited time to do so before your license will be suspended if you in fact blew above the legal limit.

Answered about 1 month ago.

If I have criminal charges do I qualify for a public defender: The charges are misuse of 911, contraband in jail, harrasment of police officer, and assult of a police officer

Asked about 1 month ago in Civil Rights

Christopher’s answer: Public defenders provide representation for indigent persons facing criminal charges. The only way to know if you qualify for their services is to fill out an application. However, generally, if you have a job, you will not qualify. Additionally, if the prosecutor is not seeking jail time, you likely will not qualify.

Answered about 1 month ago.