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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26844
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I am a California epileptic citizen with a vagus nerve

Customer Question

Hello,I am a California epileptic citizen with a vagus nerve stimulator in my body to control my epileptic seizures. I was assaulted by my brother's English gay domestic partner this year to sign his marriage certificate so he could become a United States citizen, or he would harm me violently. I was forced to sign to certificate in January. Then this newly married English United States citizen, brother, and father in March in the city of Auburn, California, violently beat me sending me to the hospital. My Father sent me to the hospital, and I have the records to prove my disability and hospital stay. My Father lied to the policewoman saying I beat him as an elderly abuse. I now have to answer for this assault and battery on an elderly person under California law. My father has violently abused me many times, and I have not reported it yet. Do I have any rights in this matter?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.
My name is ***** ***** I am an experienced criminal lawyer.
I'm sorry to hear of this situation.
People who ask if they have any rights don't generally want to hear a laundry list of constitutional entitlements. They usually have something quite specific that they want to know.
Please tell me what that is, using the reply tab below to respond.
Customer: replied 2 years ago.
I want to know what I can charge each of them with.
Customer: replied 2 years ago.
Can I prove charge them with assault and battery each before my hearing date.
Customer: replied 2 years ago.
Also, can I move this case to Miami Beach, Florida, since this is where I am at now.
Customer: replied 2 years ago.
Should I report this today under the Placer County Auburn, CA Police?
Expert:  Zoey_ JD replied 2 years ago.
Thanks for the reply.
You can contact ICE and report the fact that you signed the marriage certificate under coercion because you were being extorted to do so. 1-***-***-****
You can report the assault to the Auburn, CA police and ask that charges be pressed. You could also sue your assailant for assault and get damages if you prevail, but you would need a civil lawyer for that.
As far as your father is concerned, you can potentially sue him for a false arrest, but you cannot do anything about that until you win the criminal case presently pending against you. That's because any conviction on the case, whether by plea or after trial will by definition make a false arrest true.
No, you cannot move the case out of state. The place where the crime occurred is the place where jurisdiction lies. It does not follow you, even if it now makes it inconvenient for you to exercise your rights.