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Our daughter (20) was a assaulted after a road rage

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Our daughter (20) was...

Our daughter (20) was a assaulted after a road rage incident, The people that followed her parked next to her. she exited the vehicle to go to the store, they tried to get out of the vehicle she held the door shut and then tried to get to the store. The mother or adult in the vehicle that pursued her told the occupants to get out and get her, told our daughter she couldn't do anything as they were minors. she got pushed and pushed back she went toward the store, they followed and surrounded her while one person (a minor) beat her up. The police are now saying it was mutual and if our daughter doesn't drop the charges they will press charges against her against her for the door and the push and she turned toward them to tell them to leave her alone. Our daughters health can't take the stress of this, she is also in college in the town it happened in, if she drops the charges to avoid the stress and interruption of her school and they do proceed to press charges, can she reinstate the charges?

Lawyer's Assistant: Does she have any upcoming court dates on the assault charges?

Nothing yet, it happened last Thursday,the police contacted her last night. we had Walmart review the video and turn it over to police thinking it would help. the manager knew the family and said sadly he would likely have to press criminal trespassing charges against 2 of them and that there is a pattern. They obviously know what they are doing.

Lawyer's Assistant: In what state did this occur?

Ohio

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so, expect maybe are teh police allowed to talk t me about the case if our "adult" daughter gives them permission?

Submitted: 3 months ago.Category: Criminal Law
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Answered in 43 minutes by:
3/19/2018
Criminal Lawyer: Jonathan Holson, Criminal Defense Lawyer replied 3 months ago
Jonathan Holson
Jonathan Holson, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 101
Experience: Associate at Martin and Wagner, P.A.
Verified

Police ought to be investigating the matter prior to making decisions about who will be charged. Either a mutual assault occurred or it did not. If it was mutual, both parties would generally be charged irrespective anyone "pressing" charges. If the assault was only one way, the assaulter should be getting charged. The "assaulter" should not have the option to "pressing" charges against the victim to simply make their life more difficult. It appears to me from looking at the law in Ohio, the police would send the reports to a prosecutor before any charges are filed. That prosecutor would then make a decision about whether there is enough evidence to charge the case. So your daughter should not be facing charges if she did not do anything wrong. Presumably the surveillance video from Walmart backs her up.

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Criminal Lawyer: Jonathan Holson, Criminal Defense Lawyer replied 3 months ago

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