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Ely
Ely, Counselor at Law
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my 16 year old son is being charged today for simple battery

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my 16 year old son is being charged today for simple battery for defending his-self agist his 25 tr old brother in law. his brother in law was showing him pictures of my daughter and him having sex and than he showed him some pornogphy and he told on him. well my son in law is openly bi sexually, after my son told about the pictures i cuzzed my son in law out and let him know how wrong that was. thought everything was good and they went to move a desk and he grabbed my sons butt (not the first time) and told him he knew he liked it. my son said he was telling and he kept blocking and pushing my son until matthew beat him up. he was just trying to get to me. son in law had to go to the e/r and police came and took a statement now he has filed a complaint on my son what can i do?
Submitted: 7 years ago.
Category: Legal
Expert:  Ely replied 7 years ago.
Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



Does he have priors? Is he in juvenile court?



Customer: replied 7 years ago.
no he has never been in trouble before but he only fought cause he thought this guy was physically going to mess with him.cant he be chardge with assult on him since he only 16 and made sexually advice and showed porono to him?
Expert:  Ely replied 7 years ago.
He has two choices. He can go to trial. He'd need a unanimous conviction from all jurors by "beyond a reasonable doubt" which is hard to do. You guys live in GA, not exactly a gay friendly state - works for your defense. Trial is all or nothing.OR...He is a good candidate for something called deferred adjudication. Deferred adjudication (also known in some counties as "diversion") is a type of probation that does not go on his record as a conviction. The probationary period usually consists of community hours, a few self-improvement classes geared towards the offense, drug tests, etc. Time period varies depending on charge and deal worked out with the defense. Now, def.adj. does go on his record, but not as a conviction, and once he completes it, it can be wiped from his record either with a Motion for Expungement or Motion for Sealing of Record (depending on your state). Have your attorney ask for this, or ask himself if for some reason he is not afforded an attorney and choose not to retain counsel. This is a good program, and the worst thing the DA can say is “no,” but even then, they begin talking about bringing the charges down, etc. You’ll be surprised how willing the DA will be to work with him – they often have a full docket and they’ll be happy to “move” your case to make room for more serious matters.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



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Customer: replied 7 years ago.
cant we also file a complaint or warrant since matthew is a minor is this is a grown man. that is why when the police came and we told them what happen and how they said nothing probally become of it.
Expert:  Ely replied 7 years ago.
His attorney needs to explain what happened to the DA. The DA can then decide if to press charges against the cousin while dropping these.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



I hope you found my answer helpful, and if so please click on the ORANGE ACCEPT button for my answer. This is the only way for me to get credit for my work. Understand that when you put in your payment info, you still have not paid until you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”














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