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My son is scheduled to have a pre-trial hearing tomorrow…

My son is scheduled to...
My son is scheduled to have a pre-trial hearing tomorrow morning at 8:00 AM
what should he expect? Does he need a lawyer present?
They say if he does not show they will put a warrant out for his arrest..
How serious is this
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Answered in 1 minute by:
12/27/2017
Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 43,106
Experience: 17 years practicing criminal defense.
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

What is he charged with?.

.

Has he been to court yet for an arraignment?

,

Or is tomorrow his first court appearance?

.

How old is son?

.

.

thanks

Barrister

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Customer reply replied 7 months ago
He was charged with 2nd° assault. The person charged him just got pushed. He was pushing her off of him. The police report indicates no marks of any kind. I'm not sure what an arraignment is? Is that the pretrial hearing? The Commissioner let him out on his own recognizance.. Tomorrow is the first scheduled pretrial. Yes tomorrow is his first court appearance. The court is scheduled January 23 of this month. He is 31 years old

What state is this in as 2nd degree assault is normally a felony charge and means that there was some type of weapon used to cause injury...

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Customer reply replied 7 months ago
Okay.. Online help is still okay with me

What state is this in and is this charged as a felony?

Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 43,106
Experience: 17 years practicing criminal defense.
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Ashlee McLaughlin
Ashlee McLaughlin, Criminal Defense Attorney
Category: Criminal Law
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Phone call session started
Customer reply replied 7 months ago
This happened in the state of Maryland
You indicated that a second degree charge or assault 2nd degree is normally a weapon involved. Absolutely no weapon was involved. In addition, the subject receive no marks no bruises of any kind.
She claimed that my son pushed her head away from him with the palm of his hand. She also claims that he spit on her. That's all that there is in the police report.
Are there different types of assault charges ranging from the lease to the worst?
For an example, the lease is it assault and battery.. up to first degree assault with a deadly weapon
Customer reply replied 7 months ago
No more phone call at this point
Customer reply replied 7 months ago
This is not a phone call request

First-degree assault is a very serious crime, and it comes with a very serious penalty. Specifically, if you are convicted of first-degree assault, a judge may sentence you to a maximum of 25 years in prison.

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A lesser assault charge is known as second-degree assault. In Maryland, second-degree assault is defined as causing someone physical injury. This excludes minor injuries.

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Although less serious than first-degree assault, second-degree assault still comes with a fairly stiff penalty. In fact, if convicted, you can face up to 10 years in prison and a $2,500 fine.

.

So if there were no injuries, then this should have been charged as 2nd degree misdemeanor assault..

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If he has a pretrial, they will go over the charges, and the DA may offer a penalty for a guilty plea.. If he wants to fight it, then he would want to plead not guilty, and request that an attorney be appointed to represent him if he can't afford a private attorney.

.

The attorney can then review the case and talk to the DA to see if they can negotiate a settlement or something that would keep this off his record..

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