I'm sorry you are in this situation. Do you have a legal question?
Shannon L. Hall, Attorney at Law (Licensed in Oregon); 960 Broadway Street N.E., Suite 4, Salem, OR 97301; Phone: 971-209-2443; 245 East 4th Avenue, Eugene, OR 97401; Phone: 541-434-2411
My response(s) to the question(s) on this website do not create an attorney-client relationship. An attorney-client relationship is not created until a Fee Agreement has been signed. In addition, my suggestions are based on very limited information provided by the Asker and are given based on my experiences and general circumstances. My suggestions may not ultimately be applicable to the Asker's situation because of the limited amount of information provided. No suggestion is guaranteed to be sucessful. Case specifics should not be shared online. You should seek specific legal advice in a private setting.
You haven't asked a question here, so any answer we can give will only be a guess about what you're wanting. (Please see this Guide: ) But I can tell you this:
First of all, the fact that you were abused on previous occasions is not, necessarily, a defense to a criminal charge on this specific occasion. However, if you did this to defend yourself against a physical attack at the time, that could be a defense.
If you're facing a criminal charge, you need to consult in private with a criminal defense attorney immediately. You must not discuss this with anyone else until you do. That includes discussing it on the internet, and it especially includes talking to the police. DO NOT TALK TO THE POLICE. If they try to talk to you, you must say "I'm sorry, but I don't want to answer any questions or consent to any searches, and I'd like to speak to a lawyer, please." Or, if you want to be technical, say "I'm invoking my right to remain silent and my right to counsel." Say that, ONLY that, then STOP TALKING. This is, I know, harder than it sounds. You will want to explain yourself, to make excuses, to insist that you were in the right. Don't. If you were arrested, the police have already made up their minds. They see these cases all the time, and in their minds, they already know the answers. You will never be able to change their minds.
Talking to the police without your own lawyer present can never, ever help you. The police are allowed to lie to you and trick you to get you to make self-incriminating statements. They can misrepresent what evidence they have. Or they will say, look, I'm sure this is all a misunderstanding, why don't you tell me your side of it - and then you'll say something they can use against you, and lose any chance of a defense. Do not fall for it. Do not talk to the police. Ask for a lawyer. Say nothing else. Have I made myself clear?
Why do you need a lawyer? Only a lawyer can hold the police accountable for statements they may make to you about what evidence they have, or don't have. If you say one thing about a conversation, and a police officer says another, who do you think the court is going to believe? The police officer who's been on the force for ten years, or someone who's accused of being a criminal? People always believe officers above ordinary citizens (even though officers lie fairly commonly), if only because officers tend to be more coherent and articulate in their presentation. Only a lawyer can be sure of getting access to evidence the police hold that might help you. And only a lawyer can tell you what it's safe to say, and when you need to keep your mouth shut (answer: most of the time; but it's impossible to give specifics without being there).
You have the right to be appointed a lawyer, at taxpayer expense, if you're charged with a crime. If the case hasn't gotten there yet, you should still talk to an attorney in private, in order to be ready.
Please read the following notice:
Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and do not constitute legal advice or create an attorney-client relationship. No posts or comments on this site are in any way confidential. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation.
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