Hello. My name is XXXXX XXXXX X will be glad to help you.
Are you online with me?
Welcome to JustAnswer.com
Does you daughter live in the same household with her father?
Can you please tell me if the father wants to pursue criminal charges? What is the father's position?
Were there any witnesses to this altercation?
Thank you for your follow up.
Did your daughter consult and retain local criminal defense attorney?
Was your daughter arraigned and did she plead not guilty?
Was there bail/bond that your daughter had to pay to get release from jail?
Please stay in chat with me, so we can avoid delays
No lawyer yet. She has not been arraigned yet. Property bond.
What was the bond amount?
What injuries did the father sustain?
Thank you for all the follow up.
Okay. Here is what I would suggest that you do.
I would suggest that you contact an experienced and established local criminal law attorney and this attorney can represent your daughter in this criminal case and will be able to approach the DA/prosecutor and to let prosecutor know that the father does not want to pursue criminal charges or would not want to testify against the daughter and it was simply an argument that might have gone out of control, but neither daughter or the father had any intention to harm each other.
In most cases, if the victim doesn't want to pursue charges and also there is no serious bodily injury that the victim sustained, the prosecutor would be willing to drop charges.
Does that make sense?
Also, given the fact that your daughter i only 19 and never had been in any criminal trouble before and is a college student, would favorably play into the case.
yes, but the mark was a black eye. she punched him. he never pursued charges. when the officer came, he told the officer that.
Did the father tell the officer that the daughter punched him in the eye and that is how he got the black eye?
also, the officer said that the father had no control over the dropping charges, although he did not pursue. The officer said the state immediately took over the situation when they picked her up.
no, he asked her and she admitted on site.
Was your daughter under arrest when she admitted punching the father?
Also, the officer is correct that it is up to the state whether to pursue criminal charges, however the prosecutor will consider victim's input as well, and other mitigating factors
no, she admitted it when he asked, then he told her to get up and then he put the handcuffs on her and lead her out to the car.
she was in her bedroom and the officer went there and asked her. She said yes she hit him. Then he told her to get up and put the cuffs on her and lead her out. Her father was in the living room.
While an admission will be a factor in the case, an experienced criminal attorney can still argue that this was a misunderstanding.
I seriously hope it works out like that. Anything else I need to know? He did not read her the Miranda rights when he cuffed her. Does that mean anything?
No. Miranda rights only had to be read if the police was to question your daughter, not if they just arrested her.
I would suggest for your daughter to also start gathering letter regarding her good character from influential members of the community, such as clergy, college professors, etc...
So her attorney can also demonstrate to the prosecutor that she is of good moral character and an upstanding citizen.
Yes, very much. I'm sorry, all of this is new to me. Thanks for all your help.
Please try not to worry, but instead help and see that your daughter retains an experienced local criminal law attorney who practiced regularly before the court where her case is pending and who has at least 10 years of experience.
Do you have such attorney in mind?
Yes, George McCranie. He is very good I hear. He is known nation wide.
Great. I am sure your daughter's case will be in good hands with this attorney.
I wish you and your daughter all the best and please click on the "excellent service" rating, so I can receive credit for my answer. Bonus and positive feedback is always appreciated, but is not required.
Thank you for all your help. You have been great.
You have been excellent and I will click on that.
Thank you and GOD bless you and your daughter!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).