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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20231
Experience:  Handling criminal and probation matters for over 14 years.
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My girl friend and I got into an arguement for the most part

Resolved Question:

My girl friend and I got into an arguement for the most part it was just verbal I used the "C" word on her for my part of the insultive arguement she pushed me down and I broke my wrist...I grabbed her and pushed her a bit, after I was arrested for simple assualt and she wasn't.She hurt me first I put a couple of bruise marks on her. Why weren't we both arrested. This is in the state of NH
I'd appreciate some legal knowledge Regards Keith
Submitted: 2 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 2 years ago.
Thank you for using JustAnswer!

I am sorry to learn of your circumstances. Can you please clarify:

1. Were there any third-party witnesses of what happened?

2. Who called the police?

3. Was there any video cameras that caught the fight?
Customer: replied 2 years ago.

Hi Miss Humphrey and thank you

There were no thrid party witnesses to the issue, she left the house and either she or her or her son called the PD and no there were no videos available.

It started with back and forth insults ,we were both very intoxicated. All I used was the "C" word for my half of the insults she violently pushed me to the floor and I received a broken wrist and I told he I was hurt. within 2-3 minutes following that I grabbed her with my good hand and put bruises on her. she weighs 30 -40 lbs more then me.The cops would not even concider my injury as significant enough to warrent and arrest for her. I feel we should have both been arrested and charged accordingly.. Am I wrong?

Regards Keith

Expert:  JB Umphrey replied 2 years ago.
I see. Thank you.

Your observations are correct. Understand, however, that the police's main goal usually is to just do something to break up the parties to avoid any risk of future violence. The officers have discretion as to who is going to jail. I am not suggesting that the officer's made the right call in your situation. I don't know who told them what.

While the clock cannot be turned back, what can you do now?

You can hire a local criminal defense attorney to represent you in court. Plead not guilty and demand a jury trial.

At trial, your attorney can really rake the officers over the coals as to why they arrested you and not her. Your attorney can make the officers look really bad. If the jury senses that the officer made the wrong call/decision and if the jury senses that you're getting railroaded, the jury will come back with a not guilty verdict. And that's the outcome that you want.

It has been my pleasure to assist you today with your information needs. If you have a follow-up question, please reply and ask it.

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20231
Experience: Handling criminal and probation matters for over 14 years.
JB Umphrey and 2 other Criminal Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you Miss Umphrey I apologize for misspelling your name

Iwas given that same advise from a local public defenders office which I fully intend to use I am going to make one last attempt with a tape recored version of the incedent but I guess I need to make an extra copy of it for my Public defender

Expert:  JB Umphrey replied 2 years ago.
Yes, whatever evidence you want to see used at your trial, you have to share it with your lawyer so that your lawyer can review it with you and explore the best way to use it.

I hope that you feel re-assured knowing that your public defender is on the right track!

If you have a follow-up question, please reply and ask it.

If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.

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