The question isn't whether you can file charges (of course you can) it is whether the police will take the cross complaint and act upon it. I would urge you to hire an attorney ASAP to preserve those tapes. He should serve a subpoena on the bar and do everything in his power to get them. I would also call the DA and police Dept. and demand they try to preserve them as well.
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Yes there is a way to preserve the tapes if in fact they were tapes and they were not destroyed already. You may also have the option of filing a civil case against the bar the owner and all individual bouncers who attacked you.
But at this point, you need to speak with an attorney and defend yourself.
I hope this helps
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An attorney can subpoena the tapes, thus, retain a good criminal lawyer to defend the case. You may also retain a local personal injury lawyer and file a claim for your injuries.
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Yes, you can request the surveillance tapes through discovery procedures.
In U.S.law, discovery is generally defined as occurring during the pre-trial phase in a court action in which each party, through the law of criminal procedure or civil procedure, can obtain evidence from the opposing party by means of discovery devices including, but not limited to, requests for answers to interrogatories and requests for production of documents. Discovery can generally be obtained from non-parties using subpoenas with court permission.
In your case, you should consult with a local attorney as you need to take certain steps now to defend your criminal case and to bring a counter claim.
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The others have answered well. These bar situations are tough to prove, especially if you were there doing what most people do at nightclub or ba, which is drink alcohol. Any indication or testimony of intoxication or impairment tends to harm credibility, and with your friend presumed "bad enough" to get booted from the club, the stretch to you isn't far.
But let's not put the cart before the horse. Sees lawyer and you can discuss options you have, ways of obtaining the surveillance tapes, and how to approach law enforcement, as well as a civil suit. Keep in mind, your injuries, at least physically, are minor, so to make this appealing as a civil matter, you'd probably want to "win" the criminal charge war to start.
I wish you luck.
Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
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Get a free consultation immediately. It sounds as though you were the victim here. Not only will you need an attorney to effectively defend you against the battery charge, but you have a viable claim against the club and its employees. Get an attorney with both criminal defense experience and personal injury, particularly one of us who has successfully sued clubs and other venues for assaulting patrons. Preservation of the security tapes is crucial and must be addressed quickly so do not delay.
Whether you have a viable personal injury case against the bouncers/bar is dependent on many factors, but the most important deals with what is termed liability. Liability refers to the other person’s legal responsibility for the injury that occurred. Many people believe that merely because an accident happened at someone else’s home or business, that this in and of itself makes the other party liable or responsible. Although the other party may turn out to be responsible, the mere fact that it happened there is not enough to make them liable. The other party needs to have either done something or failed to do something in a negligent manner to make them liable. Examples of doing something negligently would be poor driving skills that caused and accident, or purposely hitting someone else. Examples of failing to do something would be failing to fill in a hole in your yard that someone falls into or a bartender failing to cut off the drinks for an obviously intoxicated person. So, establishing liability is usually the hardest and most important part of any lawsuit.
Once your attorney has established that the other party is liable, then it is a matter of establishing what are called damages, which refers to the amount of money that the injured person or injured person’s family, is entitled to as a result of the accident. Such things as medical bills, lost time from work, pain and suffering are all things that the attorney would help assign a money value to.
The attorney would then attempt to settle the case for the maximum amount of money damages possible with the insurance company or the business. If a fair agreement can be reached, and the client agrees that the amount is fair, then the case can be quickly settled and the client will quickly receive the money settlement. However, if the amount is not fair, or the other party refuses to settle, then the attorney would generally file a lawsuit seeking these damages.
Attorney Mitchell S. Sexner
Mitchell S. Sexner & Associates LLC
Defending your rights since 1990
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