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Old 04-07-2009, 07:58 PM   #1 (permalink)
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Exclamation never booked

I recently have been charged with battery and going to court for it. But I never was booked or read my miranda rights is this even legal did they forget whats the deal I have not been in trouble like this before and at best the girl was responsible as well.I need answers quick my court date is approaching fast and my attorney wont answer my calls
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Old 04-08-2009, 04:58 AM   #2 (permalink)
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If you have an attorney who will not answer your calls, then I suggest you go sit in his/her office until they reply OR hire another lawyer. No one on a message board can tell what exactly happened without seeing the paperwork, and knowing step by step what happened after you were detained, etc. (I am guessing you were detained). Were you issued a citation, like you get when you get a traffic ticket, and were told to appear?

You say "she" was also responsible? Who is she and what is she "also" responsible for?
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Old 04-09-2009, 07:01 PM   #3 (permalink)
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ok so i am vigoriously looking for another one but i need one who works on a sliding fee scale and payment plans this is the story this girl and i have had problems for a few years now and it seems every time she harrases me and i contact the police they just tell me to change my number or ignore her when she was on my property and wouldnt leave they gave her a warning and when she crazly got my minor sister to bring my minor daughter to her house she then proceded to taunt me via text and phone i immediatly went to her house to get my daughter she of course refused and i got angry and didnt leave she then called the cops by that time though i had left and started to the police department they arrested me and fined me with disordily conduct telling me there was nothing i could do and let my daughter sit in that womens house until they released me this women then continuesly provoks me for years this is all over her husband who also continusly to this day tells me he loves me and he is trapt i know its stupid but i believed him for a very long time well recently she provoked me in a local store parking lot and i lost it i walked up to her and asked her if she wanted to fight she asked for what and smiled at me i said you know why do you think i hate you because of a man im over him she then raised her arm i thought it was on so i swung at her she got one black eye as soon as the fight started it ended because by then her husband approached and broke it up the way i saw it was that we fought together she verbally & mentally attacts me and in my eyes she was ready to fight it wasn't like she braced herself and cowered she raised her arm like she was gonna hit me i apologize this is so long but i wanted to get it all out there no one is telling me anything and in all reality im just tryin to forget the both of them and move on with my daughter who by the way still suffers and recalls this incident. this girl has also openly threated to "beat me up" and slandered my name in public before this incident do you honestly think i have a defense with this info i also have tried getting my past phone records to support my claims but they wont give out the info unless requested by court and my other question is should i claim no contest instead of guilty if i dont stand a chance i reside in wisconsin if it matters thank you greatly now and in advance for any advice you can shed on this stupid ordeal i know what i did was wrong for loosing my cool
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Old 04-10-2009, 11:23 AM   #4 (permalink)
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sorry i did not get detained at all when she went to the police station they called me in and questioned me about the incident and like i said they never read me my miranda rights just told me to come back in a couple of days and talk to the DA and tell him my story so i went back and the DA proceeded to tell me that he was not my friend and he could use anything i said against me but that was all he said to me i said of course i dont wanna talk to him then and he gave me a buisness card with his number and the public defenders office's number and told me to get a lawyer and i was being charged with battery thats exactly how it started.
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Old 04-10-2009, 11:40 AM   #5 (permalink)
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Were you actually arrested? Are you sure there are charges pending against you? Or did he just say that bit about not being your friend and being able to use what you say against you, and hire a lawyer? None of that means you were actually charged. Did you go before a judge? Were you arraigned? Were you released on a PR Bond?

Being questioned is not the same as being arrested and charged.
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