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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23578
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Last year I was arrested for battery with a deadly weapon.

Customer Question

Last year I was arrested for battery with a deadly weapon. Mu ex-boyfriend ex girl friend made a report against me stating that I hit her with my car. The police never called me to hear my side of the story or anything. They issued a bench warrant for my arrest in the amount of $275,000. I picked up my children from school 2 months after and my vehicle was surrounded with 5 unmarked cars and 2 Broward County Sheriff cars with guns drawn to me and my children's heads ages 4,7,and 8 at the time. They arrested me, but when I asked why I am being arrested they never said. They never read me my rights when they handcuffed me and they told me when I get to the station I'll speak to a detective who would inform me on why I am being arrested. When I got to the station the detective told me that my ex boyfriend's ex girl friend filed a report stating I hit her with my burgundy nissan murano. I told the detective that it was not true at all. I told her that The guy who was driving the car is my ex boyfriend's best friend and they both always work on my car. I told her that I saw his car and called my ex boyfriend to see if he can patch or plug my tire because there was a nail. My ex boyfriend said that his best friend which is the same guy just called him and told him that he see me so he asked him if he can plug my tire and his best friend said yes just follow him and he'll plug it for me. So I did. His best friend dropped another friend off at the car shop, got something from the same guy and drove off no one else got out the vehicle nor did it look like anyone was in the vehicle. He then pulled up to a house and parked so I pulled up in front of him remaining in the street but in front of the adjacent house to where he was parked. My ex boyfriend ex girlfriend got out . I saw her through my rear view mirror. She started walking towards my vehicle throwing her hands up so I just drove off. I then went to pick my children up from school. My car at the time was a dark purple Nissan Rogue can be mistaken for black. When I was dating my ex boyfriend and me and this young lady met I had a burgundy Kia Spectra. So she told police I hit her with a burgundy Nissan Murano. I pulled up in front of my ex boyfriend best friend car at the neighboring house adjacent to the house he stopped at so they should have been able to identify my vehicle as either dark purple or black as most people do Nissan rogue. Not only that I had 3% tints all around my vehicle and 30% on the windshield. So there was no way for anyone to see inside my vehicle at all. She told police I had a country flag inside my vehicle which I didn't. In my old car the burgundy kia spectra she knows of I did but not in my new purple 2015 nissan rogue. Now I'm facing 15 years with this lie. My ex boyfriend best friend which is her current boyfriend told police he's not getting involved and the witnesses it has listed is the officers that came to the scene the detective, and the er doctor she claimed to have gone to. Which anyone can go to the er and say anything and they will document what you are seen for. My friend does it all the time when she wants to be excused from work sadly. I need to know how to beat this. I'm a single mother with 3 kids and I don't have time nor the patience for this.
Submitted: 22 days ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 22 days ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now.

Have you retained counsel for this case? How long has this case been going on and what are your charges? What's the status of the case?

Customer: replied 22 days ago.
This case has been going on for 1 year and 2 months and is constantly being continued. I'm being charged aggravated battery with a deadly weapon.
Customer: replied 22 days ago.
I really don't know what to do at this point. What my rights are. It seems like just because someone says you did something, you're guilty until proven innocent. When a pc technician stole my computer, he was called in to give his side and provide proof of ownership. I was never given the opportunity to tell my side until I was arrested.
Expert:  Zoey_ JD replied 22 days ago.

Sorry for the delay. I left the computer to walk my dogs and have some breakfast.

I assume you're represented by counsel, because the charges are serious ones and that you've been indicted and the case is heading for trial. I agree that the criminal justice system does not treat criminal defendants all that well, but that's not at all the same as a denial of due process or a finding of guilt.

People who ask "What are my rights?" aren't looking for a lecture in Constitutional law. They usually have something quite specific they want to know. What is it?

Expert:  Zoey_ JD replied 21 days ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.