How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 32154
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
Type Your Criminal Law Question Here...
Dwayne B. is online now
A new question is answered every 9 seconds

My girlfriend and I got in an argument and she punched me and

Customer Question

My girlfriend and I got in an argument and she punched me and I turned around and smacked her across the face. The police were not called but 3 days later she got mad again and called the police and filed a report against me and I was arrested and had to spend 12 hours in jail. I was never allowed to make any kind of statement at all. I had to bond out of jail and have a court date tomorrow. Should I consult an attorney and file domestic violence againt her tomorrow, since she did hit me first and I smakced her in self defense? Shouldn't I be allowed to make a statement before being placed in jail? I have never had even a speeding ticket in my life and I don't understand what I should do. She hit me and I would like to know if I can have an attorney contact the magistrate and have a warrant issued for her arrest.
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Dwayne B. replied 8 years ago.
Yes, you should consult an attorney. Be careful how you phrase what happeded because if you hit her and she had stopped hitting you then it wasn't self defense. If you hit her because you thought she was going to hit you again then it was self defense.

You wouldn't have wanted to make a statement before being put in jail because it wouldn't have made any difference and you would have given away too much information.

Speak to your attorney about your options and especially before you go to court or talk to anybody else.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.