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    msjinx's Avatar
    msjinx Posts: 1, Reputation: 1
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    #1

    Feb 7, 2011, 06:04 PM
    Arrested and charged with aggravated assault. What should I do now?
    Got into a fight with my daughter and was arrested and charged. She lives in my house, does not work, lets her boyfriend spend the night and feeds him my food, and is very disrepectful. I am a full-time college student studying for a Bachelor's degree in criminal justice, I work full time as a security guard and this is my first offense. What can I do to avoid any possible jailtime for this incident?
    smoothy's Avatar
    smoothy Posts: 25,492, Reputation: 2853
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    #2

    Feb 7, 2011, 06:05 PM

    Number one. Hire a Lawyer, you need a good defence in court. Number two... properly evict her and her freeloading boyfriend (I assume she is a legal adult). Don't simply lock them out and deepen your problems.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Feb 7, 2011, 06:48 PM

    If you intend to use that criminal justice degree you need a good criminal Attorney - and you need him/her now.

    Do not attempt to resolve this by yourself.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Feb 7, 2011, 07:18 PM
    Quote Originally Posted by msjinx View Post
    Got into a fight with my daughter and was arrested and charged. She lives in my house, What can I do to avoid any possible jailtime for this incident?
    Hello ms:

    Get a restraining order and that'll get her and her boyfriend out TOMORROW. Hire a lawyer, and keep your hands off your daughter.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Feb 7, 2011, 09:22 PM

    Don't make any confession and any comment to the police,
    Unlike your criminal justice text book, they are not wanting to help you, merely get a easy conviction.
    Remember the police are allowed to even lie to you, make you believe you will be off the hook if you confess and more.

    So don't make any comments to the police at all without an attorney.

    Next as everyone else has said, get a good criminal attorney you will need one, if you don't get found not guilty, have it thrown out, or at least plead this down to a misdemeanor that has nothing to do with domestic violence, any chance of any job in law enforcement is gone.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Feb 8, 2011, 11:28 AM

    I can only speak for NY but a restraining order is NOT an eviction. Order expires, person wanders back in. You have to get a restraining order and THEN evict the person.

    Bizarre, right? I know.

    And during the term of the protective order you would be in charge of the other person's "stuff" because they may or may not be able to come over and get it.

    So - protective order followed by eviction.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #7

    Feb 8, 2011, 12:27 PM
    Quote Originally Posted by JudyKayTee View Post
    If you intend to use that criminal justice degree you need a good criminal Attorney - and you need him/her now.

    Do not attempt to resolve this by yourself.
    If you are a state-licensed security officer, check the rules in your jurisdiction. Being arrested for a crime may for example require you to report to the licensing agency within so many hours, or you could put your license in jeopardy.
    smoothy's Avatar
    smoothy Posts: 25,492, Reputation: 2853
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    #8

    Feb 8, 2011, 01:18 PM
    Quote Originally Posted by JudyKayTee View Post
    I can only speak for NY but a restraining order is NOT an eviction. Order expires, person wanders back in. You have to get a restraining order and THEN evict the person.

    Bizarre, right? I know.

    And during the term of the protective order you would be in charge of the other person's "stuff" because they may or may not be able to come over and get it.

    So - protective order followed by eviction.
    An even better solution to the cause of the problem.

    And prevents a second occurrence.
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