I got arrested for allegedly "hitting" my girlfriend. What should I do? She's lying! Please help me?

[ardwyad]

3 days ago I was arrested by the police on charges of "Criminal Domestic Violence and 3rd Degree Assault and Battery".

I was wrongly arrested and I do NOT have a criminal record. I still cooperated with the officers and did not resist arrest of anything of the sort. I figured that would just make things worse.

Anyway what happened was that they had an arrest warrant that practically stated that my ex-girlfriend, lets just call her "Miranda" (I don't want to use real names on here), said that the day previous to my arrest, I went over to her home and during an argument I punches her in the face and kicked her several times, and that I also threatened her.

I don't know how but the police officers said that she had a black eye and bruises in her stomach, they even showed me pictures before they arrested me. I didn't understand how. I even showed them my knuckles to try to prove that I hadn't hit anyone recently but it didn't matter to them.

Anyway, I spent 2 days in the county jail before I got bailed out, the bail by the way was 5 thousand dollars. It was humiliating, they made me put on an orange jumpsuit and stuck me in a dormitory filled with a lot of delinquents.

So and I'm being completely honest here. She's lying, I've never hit her and I'd never hit a woman.

She's furious at me because I cheated on her and then when she tried to patch things up I broke up with her and told her not to call me again. I just thought she was too clingy and possessive. But the night that the alleged assault happened, she had called me and asked me to pick up some things that I left at her home, and I went, I barely talked to her and just got my things, but I was over there. Now I'm starting to think she planned it, but I don't know. She must have hit herself or something, to get back at me, or to get me to go back with her or something.

Anyway, what is your advice? This has been horrible for me, I've always respected the law and being in jail and charged with those crimes has been horrific for me, and I haven't handled it well, I've just been drinking since I was released from jail and I'm really depressed. I have a meeting with a lawyer in 2 days but I just wanted to get some opinions beforehand. What can I do here? Could I sue her? I'm pretty sure her lies have to be a felony! On the other hand, she has no proof that I supposedly "hit" her apart from her "injuries" and her story. And on my phone records I can show that before this she kept calling me and calling me a total of about 50 times harrassing me.

The 2 charges are serious misdemeanors and I'm facing up to 30 days in jail for the 3rd degree assault charges, and 90 days in jail for the criminal domestic violence charge.

Please give me advice.

[arvad]

Give a black guy $50 to beat the **** out of her for real!!

[geol19]

shes just being catty from you cheating on her, while she deserves to be angry this is too far. Her lies are a felony. Sue her, but just for the bail money and a small amount for the 2 days in jail. It seems like shes been legaly harrasing you. You can apply for a restraining device, it may be helpfull.

[chozai65]

The fuuu... talk about revenge. Well you would most likely be claimed innocent since she doesn't have any evidence. You don't have a record either. But danger your ex is crazy... to do that! I am sorry!

[regenweald]

First demand a trial by pleading the sixth amendment listed below


"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense"


Accuse her of the following

slander n. oral defamation, in which someone tells one or more persons an untruth about another which untruth will harm the reputation of the person defamed. Slander is a civil wrong (tort) and can be the basis for a lawsuit. Damages (payoff for worth) for slander may be limited to actual (special) damages unless there is malicious intent, since such damages are usually difficult to specify and harder to prove. Some statements such as an untrue accusation of having committed a crime, having a loathsome disease, or being unable to perform one's occupation are treated as slander per se since the harm and malice are obvious, and therefore usually result in general and even punitive damage recovery by the person harmed. Words spoken over the air on television or radio are treated as libel (written defamation) and not slander on the theory that broadcasting reaches a large audience as much if not more than printed publications.
Also get a lawyer. If you can't afford one, according to the law you still have the right to one.

It held in Hamilton v. Alabama, 368 U.S. 52 (1961), that counsel had to be provided at no expense to defendants in capital cases when they so requested, even if there was no "ignorance, feeble mindedness, illiteracy, or the like."

If your information is accurate and you follow these steps then you make a good case and the truth shall set you free.

[eliot]

That's f****ed up bro. I'm sorry to hear that. You should change her with... Something. Not sure what you could cause I'm too sleepy to think about it (it's 3 in the morning, haven't slept!). Think about it. If you DID attack her, then why would you try and sue her (or something)? You need to show the lawyer all the proof. If all she has is marks on her, it shouldn't stand up against the phone calls, your hands being fine, and the fact the cops did NOT handle you the way they should have. If that can't get you out of it, then that's just f***ed up to hell. Good luck. I wish the best for you, and I wish she slips down some stairs.... >:(