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Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
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Experience:  I have 15 years experience in criminal litigation including several years as a felony prosecutor
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I have recently been accused of headbutting a lady in a nightclub,

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I have recently been accused of headbutting a lady in a nightclub, she claims to have witnesses and pictures showing her damages, i was drunk, and i am sure i did not headbutt her, i may have pushed her away as she started arguing with me and provocing me to retaliate by calling my mother names, who in previous years she has had arguments with, I have never been convicted of anything in the past, my name has also been displayed freely on social networking sites relating to this instance, with my life, and my safety threatened, from her, and her family members.

I am not sure sure at this point whether there is CCTV, i know i wasn't kicked out of the nightclub, neither have i been questioned by the police, 3-4days after this incident has happened. I was wondering what steps will be taken from here, and what, if any consequences i may face if i was convicted. I've recently applied to uni, and any violence is completely out of character for me.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Joseph replied 5 years ago.

The short answer is, based on all the information you've provided, it seems unlikely anything will come of this.

 

Now, for some more detail. Generally speaking, if there is going to be a criminal investigation and prosecution, it will begin immediately. The reasons are probably obvious; the evidence is at it's freshest right away and it benefits the parties involved to move things forward quickly. You are likely correct in your implying that there may have been CCTV, most clubs have surveillance these days. So, had anything happened, it would have been recorded. You mentioned she detailed injuries, if this were true, and due to actions by you, you likely would have been questioned already.

 

It would also seem to work in your favor that this woman has a history with your family. If she has had arguments with your mother, and now with you, the implication is that she simply doesn't care for you or your family. That would certainly be taken into consideration in any criminal investigation.

 

With all these things in mind, it seems improbable that anything will come of this incident.

 

I hope you found my answer helpful. If so, please click on the green ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated! Thank you and good luck!

Customer: replied 5 years ago.
I would also like to add she was involved with an argument that happened about 4 months prior to this, it's a case of one of my mum's old friends had an argument with me, concerning vandilisim on there property, yet again i had nothing to do with this incident, and i reported there argument and harrasment towards me, as it has happened many times before, it consisted of 4 adults, one of which is the lady involved in this incident, i thought when and if i get interviewed i should mention all previous history etc. Also should i mention threats made towards me?

Because i was obviously drunk at the time, i may have pushed her away, after she was getting in my face and trying to get a reaction, i may have pushed her away as i turned and walked off, in which case, she may have fell and obtained injuries, or something along those lines. I should also point out, i would never have even recognised her if she didnt come up and start harrasing me. Can any legal action be taken to report harrasment online? and perhaps have certain articles removed off there profiles, i mean, they probably have 200-500 people in there network, from and around where i live, i mean, it's my name being dragged through the mud.
Expert:  Joseph replied 5 years ago.

Regarding the nightclub incident, yes, you should absolutely mention ALL the derogatory history coming from this lady, it clearly paints a negative picture of her and helps you. This would include any arguments, vandalism, harassment, violence or threats of violence.

 

The internet issue is much more difficult to predict. The law hasn't caught up with the internet, the legal system simply hasn't figured out how to handle all the things that are possible on the internet. However, if she is saying something that 1) is a lie and 2) is causing you some quantifiable harm, you MAY be able to take action against her and have the items removed. If the items are true or are clearly her opinion, there probably isn't anything you can do.

 

 

I hope this helps. Please, click "Accept" if you found my answer helpful so I may be credited for my response. Do not hesitate to contact me via justanswer.com with any further questions or concerns. Thank you and good luck!

Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7279
Experience: I have 15 years experience in criminal litigation including several years as a felony prosecutor
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