I have an upcoming trial jan 2. Im trying to find out if I even need to get a lawyer for this case. Also im curious how you all think i should defend myself. Here are the facts:

here is the statement of probable casue:

on 22 november 08 at approx 0045 hrs, myself (p/o ) along with p/o were on the outside of ******** on foot patrol when we were told by security hat they needed help at ******. When arrived at ***, an employee of ****, mr.*******, stated that we needed to escort the suspect, later identified as (me), out of the bar and off the premises.

Investigation revealed that (I was) in the bar and was knocking things over and was asked to leave the premise by the staff of ***. When employees attempted to escort (me) off the premise, (I) swung around and elbowed *** employee mr.***** in the mouth.

Mr*** bottom lip had a small cut where he was elbowed. Mr.*** refused medical attention. p/o and myself the escorted (me) to C.B.I.F for common assault (2nd degree assault) with no other incident.





ok so now some background info on me:

Im a white 23 male, never been arrested before, but i did recieve a DUI per say back in 2006. I completed my probation and all 26 weeks of my court appointed alcohol classes. I havent had any problems since until now.

Ok so here are my questions.

1) Should i plead not guilty?

In no way did i intentionally hit this guy in the mouth. I had no intent to hurt anybody, its only when he had touched me and went to escort me off the premise that I spun around to confront whoever was touching me. 2nd degree assault is a serious offense and in no way do i think this applys to me. Maybe drunk and disorderly, but not assault.

631:2 Second Degree Assault. –
I. A person is guilty of a class B felony if he:
(a) Knowingly or recklessly causes serious bodily injury to another; or
(b) Recklessly causes bodily injury to another by means of a deadly weapon, except that if the deadly weapon is a firearm, he shall be sentenced in accordance with RSA 651:2, II-g; or
(c) Recklessly causes bodily injury to another under circumstances manifesting extreme indifference to the value of human life; or
(d) Purposely or knowingly causes bodily injury to a child under 13 years of age; or
(e) Recklessly or negligently causes injury to another resulting in miscarriage or stillbirth.
II. In this section:
(a) "Miscarriage'' means the interruption of the normal development of the fetus other than by a live birth and not an induced abortion, resulting in the complete expulsion or extraction of a fetus; and
(b) "Stillbirth'' means the death of a fetus prior to complete expulsion or extraction and not an induced abortion.
Source. 1971, 518:1. 1979, 126:2. 1985, 181:1. 1990, 95:3. 1991, 75:2, eff. Jan. 1, 1992.


2) Should i get a lawyer?

I understand that this is a serious charge against me but I feel it would be thrown out of the court becuase In no way did i intend to hurt this guy. I was just to drunk and it was an accident. Also i have like no money for a lawyer, so what good is a public defender vs me representing myself.

3)what should I do if i represent myself?

Based on what my charges are and the synopsis of the event what should I do when i go to court. I have an understanding but what could the judge come at me with that might prevent me from walking away from this.







I understand I could probably plead guilty and just get probation but I just came off being on probabtion for 18 months and I dont enjoy it at all.

So what is everyones thoughts/reply? I need as much help as i can get without getting a lawyer.

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The great blessing of mankind are within us and within our reach; but we shut our eyes, and like people in the dark, we fall foul upon the very thing we search for, without finding it.

youre not gonna serve any time...period...if you do, it will be "time served" for the time spent in CBIF

get you a lawyer...and YES, a public defender is a helluva lot better then you trying to do it yourself...your court date is exactly 2 weeks away and youre gonna want your representation to know as much about you and the case as early as possible...

1st...theyre gonna wanna try to talk down the 2nd Degree Assault because you didnt cause SERIOUS BODILY HARM...this will take referring other cases which you wont be able to do

in any case, fighting the charge is gonna cost time and money...however there's always the chance that the officers wont be able to make court, so the charges will just drop

its up to you...you can:

- eat it and and deal with probation
- have your rep. try to talk it down to a Drunk & Disorderly/Disturbing the Peace charge (both infractions)
- fight the whole thing and spend mad money and time in court

good luck

(PS...you supplied a lot of info...after your case closes, it becomes public and a lot of assholes/hackers on here are gonna be able to get a whole lot of personal info about you just based on you posting that piece of the police report...might wanna edit out the officers names to make it a tad harder)

__________________
Sour Diesel Grow Journal
Funks Dowloads

PS...this is soooooo what you get for not boning that girl a couple weeks back

__________________
Sour Diesel Grow Journal
Funks Dowloads

It might be kind of hard to prove unless there was any witnesses. See if they offer you any plea agreements and take it from there. Best of luck to you.

Seeing that he refused medical treatment and your fairly clean record you'll probably end up with basic misd. assault...probable fine...maybe a course for alcohol course..... just a guess.... here you'd get a public nuisance.. $75.00..
luck..

Thanks for the hacker heads up..I wasnt thinking str8 i guess...

I guess it is moronic to think about representing yourself in a criminal court case huh? lol ....I think im going to postpone the date because i havent found a lawyer yet. Someone told me that postponing looks bad on my part, so im not sure if i even want to.... I hope the Pubic Defenders office is open on monday

__________________
The great blessing of mankind are within us and within our reach; but we shut our eyes, and like people in the dark, we fall foul upon the very thing we search for, without finding it.

Yeah my life has been fucked basically since the summertime. Things need to look up soon or who knows what im going to do


...Oh and ps she is a freaking hoe. I put her up on this pedestal for some reason but now that ive got to learn about her....Well lets just say she isnt the brightest girl lol. ....But we still talk....I mean I still have to seal the deal right?

__________________
The great blessing of mankind are within us and within our reach; but we shut our eyes, and like people in the dark, we fall foul upon the very thing we search for, without finding it.

tat doesnt sound like too big a deal and the problem with pleading not guilty is they will give you a much worse senrtance if they find you guilty i would probaly just gtet a public defender on that one and take the plea bargain they will probavbluy offer you a lesser charge for plea bargain and you will have to take an anger management class plus fines or something different states are different but if no one got seriously injured you wont get in much trouble i wouldnt think

youre fine...they dont frown upon postponements...shiiiit, a lot of the time the DA will do that themselves

but get a lawyer and fight (gonna cost some gwop though) or just take the plea and lesser charge the Public Defender and DA work out

good luck and let us know how it goes

__________________
Sour Diesel Grow Journal
Funks Dowloads

Thanks man...ill keep everyone posted

__________________
The great blessing of mankind are within us and within our reach; but we shut our eyes, and like people in the dark, we fall foul upon the very thing we search for, without finding it.