How can the assault charges be dropped? 14 Answers as of June 27, 2013

I'm a minor facing assault to the third to a school official. He was parting a fight I got into. I was arrested and was told I was going to be fingerprinted. None of this happened. I was just placed in a holding cell waiting to be picked up. I was not read my Miranda rights.

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James M. Osak, P.C.
James M. Osak, P.C. | James M. Osak
If the cops didn't interview you no harm no foul. Teacher/School Official doesn't have to read any Miranda rights. Was the other kid also taken into custody?
Answer Applies to: Michigan
Replied: 10/8/2012
Law Office of Mark Bruce
Law Office of Mark Bruce | Mark Corwin Bruce
If you have not heard "anything," then the DA has decided not to file charges. That's not unusual in a fight. So there's nothing to be "dropped." If the DA does file charges-excuse me, a petition-then you are entitled to a public defender.
Answer Applies to: California
Replied: 10/5/2012
Law & Mediation Office of Jeffrey L. Pollock, Esq.
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
By the time you read this, you will be out of the holding cell. You may want to apologize and agree to an Anger Management class to encourage them to drop the charges.
Answer Applies to: Pennsylvania
Replied: 10/5/2012
Toivonen Law Office | John Toivonen
I cannot count readily the number of assault cases that I have had thrown out. That being said, an attorney cannot guarantee a result. Because assault cases are fact-intensive and there are two sides to the story, competent legal representation, witnesses, and evidence can play a major role. I would need to know more, but it is possible that the school official committed assault. If you were not read your Miranda rights and you gave a statement, this statement could be suppressed. Do not say anything to anyone.
Answer Applies to: Michigan
Replied: 10/3/2012
Law Offices of John Carney
Law Offices of John Carney | John Carney
You should retain a criminal lawyer to handle the case. You state "none of this happened" which is highly unlikely. Something must have happened or you would not have been arrested for assault. I do not have the facts and circumstances of the case, but if you have a defense of justification you may win the trial. If your lawyer determines that you are guilty of assault he will negotiate a plea. If there were no injuries and you have no record the prosecutor may offer a Disorderly Conduct violation or an ACD dismissal. The next time someone wants to fight you should run the other way, call the police, or tell them that you cannot fight them because you do not want to go to jail.
Answer Applies to: New York
Replied: 10/3/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    When you turn 18 your record will be sealed. Lucky you.
    Answer Applies to: California
    Replied: 10/3/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    The prosecutor can decide not to pursue the charges. That is the person who can have the case dropped.
    Answer Applies to: Michigan
    Replied: 10/3/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Once charged, the only person who can drop the charges is the DA/prosecutor.
    Answer Applies to: Washington
    Replied: 10/3/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    By minor do you mean you are under 17 years old? Under 17 your case appears in Juvenile Court, and you are not fingerprinted. Your Miranda rights have nothing to do with anything. Did you read Miranda rights to the other person before you began fighting at school? No, because they had nothing to do with the fight. The teacher reported that you struck her/him. That is your problem.
    Answer Applies to: Georgia
    Replied: 10/3/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    What are the facts? And it doesn't matter that they didn't read your rights. The Miranda decision has to do with custodial statements and nothing more.
    Answer Applies to: Washington
    Replied: 10/3/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    You need to get a juvenile defense attorney in your area. If you cannot afford one, the public defender will be appointed for you.
    Answer Applies to: Florida
    Replied: 10/3/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    An assault charge is always serious. A fifth degree assault, is a misdemeanor and requires that he prosecution prove that the defendant commits an act to cause fear of immediate bodily harm or intentionally inflicts bodily harm. It is punishable by up to 90 days in jail and a $1000 fine. In addition, an assault conviction also has broad ranging collateral consequences. As a result, it is extremely important to protect your public and criminal record. Often, the best defense is a good offense. In most instances, an argument for self defense or defense of others may be made and Motions should be served to acquire all statements and medical records from the prosecution.
    Answer Applies to: Minnesota
    Replied: 10/3/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    In Michigan, it is solely up to the prosecutor to bring charges or to drop them.
    Answer Applies to: Michigan
    Replied: 10/3/2012
    David Lurie, Criminal Defense Lawyer
    David Lurie, Criminal Defense Lawyer | David M. Lurie
    How old are you? How did the fight start. Where did the fight occur?
    Answer Applies to: Missouri
    Replied: 6/27/2013
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