Q: If I have court and I show and say it was self defense for me pushing him off of me and I. Have proof and witnesses
And messaging of him trying to apologize can I testify with that and will the case be dropped if he doesn't show when I go to court ? I can't afford an attorney "( I have a 2mnth old son who can get custody if he does go through with it ?
A: At the very least you should talk with a local criminal defense attorney about this. Many offer free initial consultations.
A: If you cannot afford an attorney, you need to have a public defender appointed to you rather than representing yourself. If the PD was already representing you and filed a notice of intent to participate in discovery, you are required to then provide your witnesses and the evidence you intend to use at trial to the State Attorney well in advance of trial, not on the day of trial. If you are not participating in discovery, you certainly can walk in on the day of trial with whatever witnesses you want and the evidence you have. Whether messages you claim are from the alleged victim can come in as evidence at trial depends on information not provided in your question. Finally, whether the State can go forward with a trial without the alleged victim depends on whether there are other witnesses to the event, and what your charges are.
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