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