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skelly151, Lawyer
Category: Legal
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Experience:  Litigation specialist, Probate and Estate law, Collection law, contract disputes, builder issues
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My partner was charged wtih simple assualt, recklessly endangering

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My partner was charged wtih simple assualt, recklessly endangering another person, and disorderly conduct. He got into an argument with our roomate and later after going to a bar began yelling at me about moving a large glass table. I began moving the table up the stairs and fell after wedging it against the railing and molding. The table shattered and fell on top of me and my roomate called the police from upstairs after hearing the shattering glass. The police came into the house and arrested me for disorderly conduct and after taking me to the police station noticed all the scratches and decided that it was domestic violence even after I declined. Now I have been called as a witness against him. We did not get legal representation because nothing happened but it is the night before and we are both nervous. what is the worst that can happen? will they probably drop the charges after talking with both of us. the roomate was two floors up when I fell down the stairs
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skelly151 :

Without any further eyewitnesses, you will ask to talk to the prosecutor and relate this to him or her. They will have to dismiss the charges unless there is another witness since both your versions will match. If they refuse to do so on the spot then ask for a continuance and a pretrial so you can explain this directly to the judge if need be. I had the exact circumstance and the juvenile retracted a version told under duress to the police and they then declined to prosecute and my client's charges were dismissed. It is very serious to have a domestic violence conviction in this day and age because after a first one attaches if it happens again the charges can at times be elevated to felony level.

JACUSTOMER-7mq86ib4- :

I read the actual laws for 2701 ect... and I am nervous he will get the simple assault because he was angry and yelling at the roomate when I was arrested for disorderly conduct

JACUSTOMER-7mq86ib4- :

and can we both be charged for disorderly conduct in a private residence. We were in the basement... how were either of us effecting the neighborhood or public areas

JACUSTOMER-7mq86ib4- :

we have a roomate but thats hardly public

skelly151 :

Yes you were in a private residence and as I understand your point, the police or public were not affected in any manner. You can do what I suggested above but if it appears to not be going your way you are entitled to a continuance to get counsel and seek it and get a pretrial date set.

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