Q: I was served with a pre-warrant but am innocent.
My wife’s ex husband tried to force his way into my home so I pushed him enough to get him out of the house. He has filed a pre-warrant for simple assault. I have a witness that is a minor and three police officers told us that I had every right to defend my home and that the aggressor could not press charges. But he is. What can I do? The court date has been set.
A: The court has set a hearing to determine whether there is probable cause to issue an arrest warrant. You will need to attend the hearing, and I would suggest hiring an attorney for the hearing.
For more info visit my website at www.LevinLawyerGa.com
A: You need to attend the pre arrest hearing and state your case. The nature of the charges may not stop the arrest for simple assault BUT you definitely have a defense to the charges if he was the aggressor and you were defending either your property or your minor child (defense of others).
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.