East Pittsburgh, PA asked in Criminal Law for Louisiana

Q: My niece was arrested last night for domestic violence, even though she is the victim. Boyfriend said she hit 1st!

She is being arraigned for the DV charge this morning. She is also being charged with possession (she was in his RV, where they found marijuana and paraphernalia) and assault. She didn't hurt him and the police dismissed her parents when they told them about previous assault incidents. The police spoke to the boyfriend's mother on the scene, made my niece's parents stay in their car. Doesn't she have a right to counsel in this?!

Related Topics:
1 Lawyer Answer
Andre Robert Belanger
Andre Robert Belanger
  • Criminal Law Lawyer
  • Baton Rouge, LA
  • Licensed in Louisiana

A: she will have the right to an attorney because she was arrested. even if she wasn't she could have an attorney representative since she is also a victim. she seems to have a defensible case. Is the state trying to prosecute her for the assault or the drugs?

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.