Q: I was falsely arrested for domestic battery and my roommates can testify that they heard me say "stop hitting me". Can I sue? There was a heated argument when my ex started swinging at me. I escorted her out the door. She went to the police two days later and I was arrested a day after that. The police report mentions a roommate who witnessed everything but who was never questioned. I have a criminal defense lawyer but he doesn't do personal injury cases. Could I get a restraining order? Could I file a report on her for battery? Could I sue for violation of due process or for personal injury?
Answered . You listed your non-criminal defense question in a criminal defense forum and are therefore essentially asking criminal defense lawyers who you have not hired to give you advise that you apparently do not wish to seek from your own lawyer whom you have retained.
I suggest that you re-list your question in the proper practice area (which is NOT criminal defense) and that you remove all of the tags that you attached (which will all serve to direct your question toward criminal defense lawyers).
That said I will point out that this is America, and in the US of A you can pretty much sue anyone for pretty much anything. But, be absolutely clear that every action has reactions, and from your proffer, and as a veteran criminal defense lawyer of 23+ years who has represented many a domestic violence defendant, I think that you would be well advised to DO NOTHING (caps intentional) without first talking to your criminal defense lawyer and securing her / his blessing to take any civil or other action.
Further, if you were my client then be assured that I would severely scold you for posting anything about your case on the internet. That is my office policy, and it is both a blanket and a good policy. While I cannot effect what you dis or what has happened before I got involved with a case I can do so once I'm on board, and I can certainly instruct my client's as a condition of my representation, not to engage in counter-productive behavior. But that's me and my policy and may or may not apply to either your your lawyer or to your case.
Still, as you asked I will say that If I were you I'd get offline, period, and focus on the prize - which is not going to jail and not having a criminal record. Believe me when I tell you that many a factually innocent DV Defendant has gotten double screwed by the system (which is clearly skewed in favor of the complaining witness).
Thank about that and then act in your own interests accordingly.
I hope that I have been helpful in answering your question.
I suggest that you re-list your question in the proper practice area (which is NOT criminal defense) and that you remove all of the tags that you attached (which will all serve to direct your question toward criminal defense lawyers).
That said I will point out that this is America, and in the US of A you can pretty much sue anyone for pretty much anything. But, be absolutely clear that every action has reactions, and from your proffer, and as a veteran criminal defense lawyer of 23+ years who has represented many a domestic violence defendant, I think that you would be well advised to DO NOTHING (caps intentional) without first talking to your criminal defense lawyer and securing her / his blessing to take any civil or other action.
Further, if you were my client then be assured that I would severely scold you for posting anything about your case on the internet. That is my office policy, and it is both a blanket and a good policy. While I cannot effect what you dis or what has happened before I got involved with a case I can do so once I'm on board, and I can certainly instruct my client's as a condition of my representation, not to engage in counter-productive behavior. But that's me and my policy and may or may not apply to either your your lawyer or to your case.
Still, as you asked I will say that If I were you I'd get offline, period, and focus on the prize - which is not going to jail and not having a criminal record. Believe me when I tell you that many a factually innocent DV Defendant has gotten double screwed by the system (which is clearly skewed in favor of the complaining witness).
Thank about that and then act in your own interests accordingly.
I hope that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
When it comes to the subject of "Cops, Courts and Constitutions" you should always have a skilled and experienced criminal defense attorney who is focused on serving your interests. While we can't stop the cops from arresting you, as your legal counsel Michael A. Haber, PA will ensure that your rights are respected from the moment that representation begins and that any abuses which may have occurred beforehand are remedied.
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THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!
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