Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
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I am sorry about your situation. is this likely to go to court? there were no witnesses to the incident, only the statements from myself and the other party.
Likely not. Allow me to explain what has happened.
The district attorney is the one that actually decides to file charges or not. The whole matter goes like this:
1) a criminal complaint
is filed (in this case, by the opposing party);
2) the police investigate by taking statements from all parties involved and witnesses;
3) the police pass on the file to the DA (district attorney);
4) DA decides whether or not to file charges.
You have the right not to talk to the police. You have the right to have an attorney act as your agent, and agree to an interview, or simply release a statement, or something in between, etc. Whatever your counsel feels is best. Here, it seems that you have already given your statement informally to the police, but it still counts.
Nonetheless, what someone in your situation may wish to do is to (1) retain counsel and ask for an interview (only with an attorney), or, (2) write up a letter detailing what happened from your perspective, and someone in your situation may wish to specify that the bet was taken only for your protection and not to menace/threaten, and then forward this to the officer, who would then forward it to the DA.
At this point, it is your version versus his, and since there are not witnesses, the D.A. may feel that they cannot really build a case, especially if it is stated that the bat was taken out because the other party was the one threatening you. If such a statement is written and forwarded to supplement your version, it is recommended that an attorney proof-reads it to ensure that it is written in the best possible light for you.
I hope this helps and clarifies. Best of luck.
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