Should i file a charge too?

Question

i was charged with asult and battery on my ex girl freind we both slaped each other she made up more stuff said i choked her etc i have no reacord ,when she left my house cops came back and arested me ,my layer said too wait bu i think i should file a charge too she wet too court and tolod judge ishe was scared for her life i was kept in lock up for a week now cant go too my home i own in my ton hav too stay at parents in other town im on hose arest waiting for court date jnot sure if my lawyer is doing his job should i press charges too?

Answer 1

NO NEED TO PRESS CHARGE, first you should answer the charges impose on you by your ex-girlfriend assault and battery. YOU AND YOUR LAWYER will sit there as a DEFENDANT of the case file by your ex-girlfriend as the PLAINTIFF. If you can prove that the allegation of assault and battery by your ex-GF is unfounded and untrue then you will simply walk and be free.

Answer 2

Yes...

Answer 3

I hate these situations.   Maybe this will help.  Unless she is well versed in criminal law, chances are she is just as nervous and worried as you.  Follow my guideline:

1.  Listen to your lawyer.  He has a plan the second this happened. If you're losing faith in your lawyer, fire him and request a court appointed attorney (because this is a criminal case now)

2.  DO NOT CONTACT HER.   DO NOT CONTACT ANYONE SHE KNOWS, DO NOT BE A HERO.

3.  IF she contacts you, immediately report it to your LAWYER.  Your attorney is more than capable of filing the complaint to police on your behalf.

Abstract:  I'm not an attorney, this is not legal advice.  However, it's very possible your attorney intends on preventing you from retaliating.  There's a way to counter file a charge without it looking like a retaliation.   Tread carefully sir.  If you have no prior criminal history, and you're not married to the girl or have children with her, you want to abide by the guidelines the court gives you.   If you're given a TRO (Temporary Restraining Order) or even a Permanent One (she would really have to show just cause) just nod your head, and do EVERYTHING they say.   Do not argue, submit to what they tell you, and remember they've seen these situations a million times, and heard every line in the book.  Be honest, be calm, answer their questions only,  do not get a motormouth and try to make them understand your point of view.  Just the facts.   No opinions.

Answer 4

In my jurisdiction - we do not accept cross complaints - you can not be an aggressor/offender and a victim.

If someone is the predominate aggressor in your case I would make an arrest.  Mutual accostation is rarely solved by an arrest - however - if she has marks and you don't - that is enough evidence to arrest you.

You should never strike a woman - walk away next time.

Answer 5

Either follow the advice of your lawyer or find another one.

Since you don't trust your lawyer, find one you do trust. It might be your lawyer has built a defense on tossing the case by lack of evidence. If you file, it proves an assault actually took place. There goes the tossing of it.

Maybe you should sit down with your lawyer and discuss exactly what he is planning to do to defend you.