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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19221
Experience:  Lawyer and current JAG officer.
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Karrie my son was arrested violence and I wanted help

Customer Question

Customer: Karrie my son was arrested for domestic violence and I wanted help representing him in his case. The man that started the fight is his roommate that is a known felon
JA: Thanks. Can you give me any more details about your issue?
Customer: His roommate started the fight begged him to hit him and then called the police officer. The 31 yr old lives on a campus apartment and is a known felon of drugs and is still selling. My son was trying to tell him that he can't do this type of activity In the shared but separate leases for each bedroom. Now hw has a court date for 12/23/15 and I want this dismissed. My son has 4-5 yrs in national guard and still active and served in afganastan. He is a full time student and has a job.
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Military Law Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: yes
JA: OK. Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: Military Law
Expert:  Allen M., Esq. replied 1 year ago.

The military can not assist with this case. If it is in a civilian jurisdiction, JAG's have no ability to appear before the state courts and no ability to represent high in this sort of matter.

He will have to work with local defense counsel, perhaps a public defender, to deal with this matter.

Now, all that said, these facts don't allow for a simple dismissal of the charges. While I certainly understand your position and his position in this matter, the fact remains that he struck someone. Even though he was asked to do so, that doesn't change the fact that he struck someone. Furthermore, he struck that person and then that person complained to the police. So, while there are conflicting facts here (which help with a defense) that doesn't mean the case gets dismissed. It has to actually go through the process, allowing a trier of fact to determine just exactly what version of the events to believe. The facts that you have mentioned here certainly can help with defense, but again, they are not facts which would get a claim dismissed. Law doesn't work that way.

Customer: replied 1 year ago.
Expert:  Allen M., Esq. replied 1 year ago.

If you have further questions, please just let me know. I'd be happy to address them.

If not, please rate my service and take care.

Expert:  Allen M., Esq. replied 1 year ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required.

If so, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.