Engage an attorney. From your rendition of the events you may have a defense, but the devil is in the details. Are their other witnesses who will support your recollection?
All criminal charges are very serious and this one, charging a violent crime, could follow you for the rest of your life. Take it seriously!
To the PROSPECTIVE client, please call myself or another attorney for your choice with more detaiils and an appointment. My PRELIMINARY answer to your question(s) is for general purposes and based upon what little information you have conveyed. It is based on such limited information that the general answer should never be relied as a reason for your action or inaction. My response does NOT establish an attorney-client relationship and such may only be established by mutual agreement, and the signing of a written retainer agreement, which will generally require payment for our services, as this is what we do for a living and, just like you, we must get paid for our work.. .
The fact that you followed this person to his car to confront him could pose a problem for your case; however, the devil is in the details, so the first place to start is the police report to see what they claim happened. Did you make any statements to the police? I would be glad to defend you as I practice in the New Baltimore court on a regular basis.
Please note that Attorney's Answer is only the Attorney's opinion and is not to be construed as creating an attorney client relationship. If you wish to discuss retaining my services, I can be reached at (810) 434-1147.
Listen to the other attorneys and obtain counsel. If you cannot afford to hire a private attorney then ask for a public defender. Someone needs to look over the police report and weigh the variables to determine what is the best course of action. Best of luck.
Law Office of Josh Jones, PLLC
I suspect that you were actually charged with "disorderly jostling," a subsection of Michigan's "Disorderly Person" statute, MCL 750.167(l). Depending on what you have on your record and what is at stake for you if you have a conviction, you may want to fight this case all the way at trial with a competent attorney. Jurors will not like a bar bully. Because, under P. v. Moreno, there is no Michigan statute that overrides your common-law right to self-defense against a disorderly jostling charge, that is one potential defense. Self-defense is unique in that the prosecutor must prove beyond a reasonable doubt that you were NOT acting in self-defense (it's usually the other way around with defenses). The bottom line is, you don't have to have a conviction because of that a**hole if you don't want to. If you do plead, a good lawyer can get you a delayed sentence under MCL 771.1 or HYTA status under MCL 762.11 if you are between 17 and 21 at the time of the incident.
- Brian J. Prain, Livonia criminal defense attorney - (248) 763-0641