This a tricky one and i need serious help charged w/dv when trying to help someone

[mgomez41]

What is the name of your state?Arizona

OK this is really tricky my mother and my brother were arguing the other day. My brother threw a few objects at my mother and he tried to hit her, so i intervened and hit him and threw him to the floor and got on top of him and told him to stop and calm down. Then my brother picked up an object and threw it at me and broke it. After this my mom decided to call the police and then they came about 10 min later my mom spoke to an officer told him what had happened that we were fighting and she was scared for her safety.

I spoke to a police officer told him i was only protecting my mom and my brother told the police we were arguing cause of my mom.

Me and my brother were arrested i was charged with assault disorderly conduct and contributing to deliquency of a minor since my 8 year old brother saw this.

Now my question is should i be charged since i was only trying to protect my mother?


Another thing is i spoke to the prosecutor and he gave me a plea bargain which was to drop all charges if i attend 26 sessions of counseling.

The problem is that to me time is of the essence because exactly two weeks from the incident i was to be shipped of to boot camp i want to take the plea bargain but i dont know if its possible to get it dismissed since i was only protecting my mother

oh yeah what kind of lawyer is required for this
anything would help

 

[mgomez41]

anyone gonna help

 

[seniorjudge]

What is the name of your state?Arizona

OK this is really tricky my mother and my brother were arguing the other day. My brother threw a few objects at my mother and he tried to hit her, so i intervened and hit him and threw him to the floor and got on top of him and told him to stop and calm down. Then my brother picked up an object and threw it at me and broke it. After this my mom decided to call the police and then they came about 10 min later my mom spoke to an officer told him what had happened that we were fighting and she was scared for her safety.

I spoke to a police officer told him i was only protecting my mom and my brother told the police we were arguing cause of my mom.

Me and my brother were arrested i was charged with assault disorderly conduct and contributing to deliquency of a minor since my 8 year old brother saw this.

Now my question is should i be charged since i was only trying to protect my mother?


Another thing is i spoke to the prosecutor and he gave me a plea bargain which was to drop all charges if i attend 26 sessions of counseling.

The problem is that to me time is of the essence because exactly two weeks from the incident i was to be shipped of to boot camp i want to take the plea bargain but i dont know if its possible to get it dismissed since i was only protecting my mother

oh yeah what kind of lawyer is required for this
anything would help

Defense of a third person can be a valid defense to an assault charge but it is very hard to prove. In your case, the facts do seem to uphold your defense of your mother: "My brother threw a few objects at my mother and he tried to hit her, so i intervened and hit him and threw him to the floor and got on top of him and told him to stop and calm down."

Your brother did not hit her (or you) but you pounced on him: "i intervened and hit him and threw him to the floor and got on top of him and told him to stop and calm down"

I don't know what kind of deal you have with boot camp (you didn't explain that) but you should tell the prosecutor that. Point out to him that you will be gone and no more problem around there.

Get a criminal defense attorney.

 

[mgomez41]

When u join the military there is only a specific amount of misdemeanors that u can have which is 2 i got charged with 3 so i will be disqualifified which really sux

I spoke to the prosecutor and told him exactly that im leaving for the military. I told him statetments in the police report where incorrect and i even got notarized statements from my mom and brother stating that i was only defending my mother . The prosecutor refused to even look at the statements and said that i should just take the plea bargain because that was the best i was going to get.

I figured that im just gonna get a lawyer to help me out

Just one last thing when i go to pre-trial is it possible to explain to the judge the situation and does he have the ability to dismiss the case.

thanx for you reply

 

[seniorjudge]

When u join the military there is only a specific amount of misdemeanors that u can have which is 2 i got charged with 3 so i will be disqualifified which really sux

I spoke to the prosecutor and told him exactly that im leaving for the military. I told him statetments in the police report where incorrect and i even got notarized statements from my mom and brother stating that i was only defending my mother . The prosecutor refused to even look at the statements and said that i should just take the plea bargain because that was the best i was going to get.

I figured that im just gonna get a lawyer to help me out

Just one last thing when i go to pre-trial is it possible to explain to the judge the situation and does he have the ability to dismiss the case.

thanx for you reply

Q: Just one last thing when i go to pre-trial is it possible to explain to the judge the situation and does he have the ability to dismiss the case.

A: Try. And yes he has the power to dismiss the case.

 

[mgomez41]

thanx alot

can i bring a lawyer to the pre-trial

 

[seniorjudge]

thanx alot

can i bring a lawyer to the pre-trial

You should bring a lawyer to the pre-trial.

 

[mgomez41]

If i try to get this case dismissed in pre-trial and do not achieve it can i still take the plea bargain being offered which is to do some counseling and everything gets dismissed but since i joined the military they believe that ple bargain is an admittance of guilt and i will be disqualified

also i have seen 2 lawyers the lawyers both said theyll cost me a min of 2 grand which i do not have but i did get some advice one said to try a misdemeanor compromise but in our city dv cases are not able to qualify for a misdemeanor compromise yet my question is if i show the judge the misdemeanor compromise can he have the power complete the misdememanor compromise

my understanding right now is that my only choice is to go to court and if i do my chances of getting anything dismissed are slim

 

[seniorjudge]

If i try to get this case dismissed in pre-trial and do not achieve it can i still take the plea bargain being offered and also a lawyer cost me a min of 2 grand which i do not have

Ask the one who offered you the plea bargain. No one here can answer that question!

 

[mgomez41]

im sure no prosecutor in the right mind would allow a defendant to try to get his case dismissed then if the case is not dismissed offer the plea same plea bargain

but im no lawyer so my only choice is to ask but im not going to cause that my screw me over

 

[seniorjudge]

im sure no prosecutor in the right mind would allow a defendant to try to get his case dismissed then if the case is not dismissed offer the plea same plea bargain

Good thinking on your part.

 

[mgomez41]

but i did come up with a defense that my work and tell me what u think

ok i would tell the judge that the plea bargain that was given to me can get no better and in my opinion i would like to take the plea bargain but if he can take into consideration that since i joined the military the plea bargain might severely damage that career and i think that based on the statements in the police report me trying to do a misdemeanor comproside and havign statements from the victims is enough proof that i was only trying to help my mother out and i think me being in the military would be more beneficial to me rather than stay in town have to complete an x amount of counseling session which might get me in this situation again since my brother is very difficult to control and i cannot say what actions i might have to take if he trys to hit my mother again and also me leaving to the military would oviously remove me from any further problems or crimes being commited

 

[seniorjudge]

but i did come up with a defense that my work and tell me what u think

ok i would tell the judge that the plea bargain that was given to me can get no better and in my opinion i would like to take the plea bargain but if he can take into consideration that since i joined the military the plea bargain might severely damage that career and i think that based on the statements in the police report me trying to do a misdemeanor comproside and havign statements from the victims is enough proof that i was only trying to help my mother out and i think me being in the military would be more beneficial to me rather than stay in town have to complete an x amount of counseling session which might get me in this situation again since my brother is very difficult to control and i cannot say what actions i might have to take if he trys to hit my mother again and also me leaving to the military would oviously remove me from any further problems or crimes being commited

Try it and post back with results.

 

[mgomez41]

thank you very much for your input senior it has been very helpful and il tell u how it goes