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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102380
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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hi. I was involved in a "road rage" incident last month where

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hi. I was involved in a "road rage" incident last month where the other party tried to cause an accident. enraged, I got out of my car with a baseball bat in hand and we continued to yell at each other, however I DID NOT approach the other vehicle.
the other party called the police, who came and took a statement. they determined we were both idiots, no citations were issued, and an incident report was filed. unless either person wanted to file charges, it was done.

today I received a call from a police detective about the incident. I asked if the other party with filing charges, and he said it was irrelevant. He was very unpleasant, very impatient, and at the end of the call said he would be forwarding his "findings" to a prosecutor to see if they wanted to proceed with charges. is this likely to go to court? there were no witnesses to the incident, only the statements from myself and the other party.
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 delay between your follow ups and my replies.

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.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

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Customer: replied 4 years ago.

I make very little money, $8 an hour part time :(


considering the cost of attorney fees, what do you think my best option here would be? a consultation? criminal or traffic law?



Perhaps I can provide some pro bono / low cost leads? I can recommend three resources. First, here is a list of all pro bono work in the state...

…and another list:

Finally, you may call your local law school and see if they have a legal clinic place available. The legal clinic is a free service the school(s) provide to the community. While they are often overbooked, they have openings sometimes. Here is the list law schools in your state:

For this, you would need a CRIMINAL attorney, and only a consultation, really, and a review of the affidavit if you'd like.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
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