my sister get into a car accident and is now arrested. I know vaguely that the other driver try to pull the car and run away, She hold her hand because she want the other party to stay until police come over. However, there is a 10 years old who said something to police officer, then policer officer told her that kid doesn't lie and arrested her. Now in jail. Try to call bond company but they don't know any information. Normally what happen? what is the next to help her?
State/Country relating to question: Texas
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Oh my. I am sorry that your family is having this trouble. Luckily, the policeman is not the final word here. And, smart judges know that kids lie, and smart DA's know that too. Usually you can call the bailbondsman or the jail to see if bail is set and how much it is. Sometimes it takes a few hours for that all to happen. Sometimes it may take a day - depending on if the case is very serious.
It is very smart to have a bondsman on hand to keep you posted about the bail.
Your bondsman should be able to tell you when the bail is set and let you know how much it is and how much it will cost to pay for the bond. Usually it is less than 10%, but sometimes, for a very low bail amount, it is 10%.
The next thing that happens is that your sister will have a court date set.
At that time, she should have a lawyer; either hire a good private lawyer, or get the court to appoint her one if she cannot afford one.
Sometimes there are several court appearances before a case is resolved.
Her attorney should go to court with her each time.
There are only two options in the end: either plead guilty or no contest, or plead not guilty and get a trial.
Getting her out would be the next thing to do.
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do you know if my friend actually hold the other person hand with the intent to keep her around the accident location while waiting for a police, is she guilty?
no harm nor injury of any sort
Good question. A battery is what we call an "offensive touching." Strictly speaking, if a person kisses someone on the cheek, or touches their arm, however briefly, if that other person finds that touching offensive, then that is a battery.
So, yes, that is possible.
And, sometimes people exaggerate and claim to be hurt when they are not.
Best bet is to get a lawyer to look at the case and determine what the best defenses are.
Does that answer your question?
ok thank you
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what is some defenses for criminal battery? if the other person drop the case, can the prosecutor move forward? i wonder how they have time for this kind of thing? prosecutue such a small contact? wow
Good questions. You can touch someone else to stop them from hurting you or someone else. You can't touch them to stop them from leaving.
If the person does not want to prosecute, then they can ask the prosecutor not to prosecute. But it is up to the prosecutor, and they can make the other person come to court.
And, remember, batteries run the range from infractions, like traffic tickets, with just a fine, all the way up to capital Murder.
So best bet is to get a good local lawyer.
Anything else? Just let us know.
I'm going to sign off for now. Thanks. and let me know if you need anything.
Licensed since 1985 representing those accused of crime.
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