Q: I was being wrongfully accused of trying to kidnap a baby. I spit at a girl and she punched me. Only I’m being charged?
I was knocked down into a wooden barrel and the ambulance had to come. This was at a wedding. The mother of the groom came over and threw her glass of wine on me as I lay there defenseless. I understand that I instigated it by spitting at the girl but she was screaming and telling people that I was trying to steal a baby, which was in fact a clear lie. So why am I the only one being charged with anything? And two charges; disorderly conduct and 5th degree assault?! Would I have any chance of going and filing assault against her? Two black eyes and it’s triggered my migraines for three days straight now with no relief.
A: Although you could potentially ask that they file charges against her, what you're really doing is making a report to an officer regarding potential criminal behavior and the prosecutor is left with discretion to charge a crime or not. The issue, of course, is that prosecutors oftentimes will not charge people who claim to be victims in other cases - even if what they did was actually illegal. This is largely due to the reality that charging a "victim" who is supposed to be a cooperating witness may result in them being uncooperative. It sounds like your bigger fish to fry at the moment is fighting the underlying criminal charges you are facing.
A: If you wanted to discuss this in confidence and in further detail with a personal injury attorney, most law firms that handle injury cases offer free initial consults. They also work on a contingency basis, meaning that the industry norm is no fee unless they win your case. If nothing else, Minnesota personal injury attorneys could advise you about what arrangements are possible with medical care for the ongoing pains you are still experiencing. Good luck
1 user found this answer helpful
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.
