Q: Can I be prosecuted for assault when I told a drunk to leave my property several times and he refused to leave?
Told drunk to leave my door several times, he refused, it got physical, he kicked my storm door in. I was charged with assault, while in my home, a month later. He was arrested for dui and trespassing that night. Local prosecutor is trying to silence me. I had been disagreeing with her prosecution charges against my brother for assaulting me prior to being charged with this assault. The state trooper never spoke to or took a statement from my girlfriend,wit, called 911, the prosecution has no idea I have a witness. I can also show a history of this prosecution office NOT charging people that have admitted to crimes against me. I also think she is in violation of article 7 of the civil liberties act, right to fair and equal treatment under the law. The court also has my correct mailing address, yet I have to receive any mail. The mail I did receive had the incorrect address, prosecution trying to railroad me suppressing evidence, incomplete investigations. Thank you for your time.
A: Do you have an attorney? I probably don't need to tell you that you're not going to get very far with the approach you are taking. Focus on your case and your set of facts; It will get you nowhere talking about what the prosecutor could've, would've, should've with other people and cases. You may disagree with the charging decision all you want, and you have the right to a trial for exactly that reason.
As to your charge: I think it's a question of whether you have a valid defense claim. And just because you have a defense claim does not prevent charges being initiated.
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