Friend was charged with Agg assault, simple assault and something like resisting arrest. He did not touch the officer, what can he do?

Him and his friend were walking, a cop told me they didn’t like what they saw so they stopped them. He was irate and disorderly, they let his friend leave and they took him into custody. Bail was set at 41,500 with no 10%.

Asked on June 29, 2009 under Criminal Law, New Jersey

Answers:

Martin Matlaga / Martin D. Matlaga, Esq., LLC

Answered 11 years ago | Contributor

A lot, but the road ahead will not be easy. Eyewitnesses like you will be extremely important! Past

experience tells me that the police officers who were at the scene will "circle the wagons" and

give very similar testimony against your friend. (They will get their "stories" straight to corroborate

one-another.) The case will be indicted and venued in Superior Court. Good! A jury trial is 99%

better that a non-jury trial and there are no jury trials in municipal court. Barring some horrible

criminal record, your friend and all eyewitnesses should testify. Tell your friend to "keep his chin

up!" Although certainly not easy, these types of cases can be fought and fought successfully! Call

me at (732)932-7226 (office) or (732)710-0004 (cell).

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Your friend is looking at some serious charges, and he needs a lawyer.  The charges are serious enough that he'll get a public defender if he can't afford an attorney on his own.  If he doesn't qualify for that, he can find defense counsel in several places, including the bar association's Attorney Referral Service, which is listed in the phone book, and our website, http://attorneypages.com

I'm afraid the arresting officer's version of the incident is likely to sound a bit different.  Witnesses and credibility will make the difference in this case.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.