Facing battery charges?
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Facing battery charges?
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My ex-boyfriend had me arrested and now I'm facing battery charges. I don't quite remember everything of what happened b/c I was intoxicated. He went the next he went to fill out a paper about getting the charges dropped but IDK what happens next. I go to court but what's going to happen? How should I plead if I don't even remember what happened that night?
Additional Details
I've never been in any sort of trouble before ever!!
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Truthseeker
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Court is likely to order you to go to AA; The fact that you do not remember anything is evidence of intoxication itself and unless someone forced you to drink, it is not a defense in most case. (There are some exceptions with respect to the specific intent crimes; unless you formed the intent to commit the crime before getting drunk).
Just because he does not want to pursue it usually does not mean anything. It is up to the DA to decide that.
So the DA may settle for something like that (AA). If so, you will end up with a conviction; which is not good. You should plead not guilty and have a court appointed attorney defend you if you cannot afford one; Since the witness does not want to pursue it you may have a chance of beating it especially in view that your record is clean. Never plead guilty; let the state prove their case, they have the burden.
If the DA goes forward with the charges the witness will be forced to testify; he will have to explain why he filed a complaint in the first place; why he does not want to pursue it etc.
If you were a guy and the girlfriend filed the complaint; DA's almost never drop charges if the girlfriend later changes her mind because of battered women syndrome concept.
If you are very lucky, the charges will be simply dropped.
In conclusion, plead not guilty, but say that you do have a different problem; drinking; and that on your own you have joined the AA. Do this before the court date. |
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