Assault & Battery Disorderly Conduct/Battery Charges

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MetallicMarine

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I am located in NW Indiana. Last night my friends, my wife, and I were out at one of the local bars. We all decide that we have had enough fun for one night and the place is starting to get a little crowded when a fight breaks out in the bar, my friend and I being big guys with military backgrounds, move in to break up the fight. Everything seems to be cool, we go to leave when the cops show up. They take my friend and arrest him for battery, then my wife goes and tries to talk with the officers and they arrest her for disorderly conduct. The whole situation still doesn't make a lot of sense. He and I broke up the fight in the bar, they were arrested in the street, and the officers never even went in side and talked with the bartender. It seems as though they saw him in the street and just decided that he was guilty. Long story short, they both have court appearances tomorrow. What should they do? I am assuming my wife has no choice but to plead guilty to the disorderly conduct charges, but what about my friends battery charges? I have since called the bar, they have reviewed the surveillance footage and want to know what they can do to help out my friend. Your expertise would be very helpful. Thank you.

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Alex
 
Both arrestees should make no statement and plead not guilty.
If they can't afford attorneys, ask that the court appoint them counsel.
If they can afford attorneys, inform the court that they plead not guilty and ask the court to reset their arraignment for two or three weeks, while they seek to retain their own counsel.

But, do not plead guilty until they have spoken with a local attorney.

Things like this will often get dismissed by the DA or nolle prossed!






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Yep- this is just an arraignment, not a trial.
Odds are they got arrested for being intoxicated more than anything else.

I am curious though, if the police never went in the bar, how was your friend arrested for battery? Who was the victim?
What did your wife do that was considered disorderly conduct?
 
That is where we are confused as well. The police never entered the bar, my buddy was never told who he is accused of striking for the battery charge.

My wife went up to the two deputies, tried to tell them that they were arresting the wrong guy, at that point they told her to be quiet and leave, she didn't. That is what the disorderly is for.
 
Well we finally got a copy of the police report. The police only interviewed the gentlemen who started the fight and his wife. The story is totally different then what actually happened. The only sober person there (the bartender) has written her statement. Do you all think that using written statements from the bartenders and witnesses will get the prosecutor to drop the charges since the police didn't talk to anyone other then the gentlemen who was supposedly attacked that actually instigated the fight. Or do you think we will still need a lot more and have to go back to court? Thanks for the help.
 
What you need to do is make no statement until you've consulted YOUR attorney.

You have to be patient.

Yeah, it's hard, but getting convicted will be a great deal harder.

You're not in jail, so that's good for you.

Don't worry about what anyone else says, that's what your lawyer will address in due course.

If a physician told you that you had a cancerous growth, would you try to cut it out yourself?

You can't fix this.

You're the reason you're in this mess, remember?

Yeah, someone had a buddy that fixed his case!

Yeah, and hundreds of somebody's are in prison, too!

Stop buzzing around like a fly, and wait until you hire a lawyer or get a court appointed one.


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