Check out some similar questions!

ScottGem · Jun 26, 2013, 01:37 PM

With respect to the police what she should do is nothing until and unless a warrant is issued. If the police want to just talk to her, tell them she will be happy to talk to them, with her attorney present and she will have her attorney contact them to setup an appointment. If they want to take he to the police station, she should ask if they have a warrant. If they don't she tells them she wants to cooperate, but she has been advised to say nothing without her attorney. Respond the same way to EVERY question they ask.

Once her attorney is there, the attorney will tell her what questions to answer.

curiosity74 · Jun 26, 2013, 02:03 PM

Originally Posted by ScottGem

With respect to the police what she should do is nothing until and unless a warrant is issued. If the police want to just talk to her, tell them she will be happy to talk to them, with her attorney present and she will have her attorney contact them to setup an appointment. If they want to take he to the police station, she should ask if they have a warrant. If they don't she tells them she wants to cooperate, but she has been advised to say nothing without her attorney. Respond the same way to EVERY question they ask.

Once her attorney is there, the attorney will tell her what questions to answer.

I just spoke with her brother and he said, her name hasn't showed up in the system yet and the lawyer told her not to go in because the police probably just want her to come in and then charge her.

ScottGem · Jun 26, 2013, 02:40 PM

Originally Posted by curiosity74

I just spoke with her brother and he said, her name hasn't showed up in the system yet and the lawyer told her not to go in because the police probably just want her to come in and then charge her.

Again, I agree with that advice. She is the victim here and has no need to go to the police at this time. So my previous advice still stands. Until there is a warrant issued do nothing. If the police come to her, say only that she wants to cooperate but has been advised to say nothing without her attorney present.

curiosity74 · Jun 26, 2013, 03:09 PM

Originally Posted by ScottGem

Again, I agree with that advice. She is the victim here and has no need to go to the police at this time. So my previous advice still stands. Until there is a warrant issued do nothing. If the police come to her, say only that she wants to cooperate but has been advised to say nothing without her attorney present.

Thank you for all your help.. I will definitely let her know all the advice giving.

AK lawyer · Jun 26, 2013, 05:06 PM

Originally Posted by excon

...
For clarity sake, all that stuff about size, gender and state of drunkenness have NOTHING to do with whether a persons can defend themselves... Whoever got STRUCK by the first blow is the person who can defend him or herself, and getting a drink dumped on them IS the first blow.
...

Actually usually it does.

I asked about the state because usually state law spells out in detail when self-defense with a deadly weapon is available.

Maryland seems to be the exception. The only statute I can find is this:

"Md. CRIMINAL LAW Code Ann. § 3-209
...
TITLE 3. OTHER CRIMES AGAINST THE PERSON
SUBTITLE 2. ASSAULT, RECKLESS ENDANGERMENT, AND RELATED CRIMES
...
§ 3-209. Defenses
A person charged with a crime under § 3-202, § 3-203, § 3-204, or § 3-205 of this subtitle may assert any judicially recognized defense."

In other words, it is a matter of case law.

Who landed the first blow may or may not be pertinent. What it comes down to is whether, considering all the circumstances, it is reasonable for the woman to use deadly force (and a knife is deadly force) to defend herself from punches. That's why I asked about such things as relative weight.

To repeat my extreme example, a very puny aggressor and a very powerflu and martially competent victim of the punches, might make the court decide that it was not reasonable for her to use the knife in self defense, even if he hit the first blow. But OP answered, making it evident that no such extreme situation applies. Therefore it is likely that she can claim self-defense.

excon · Jun 26, 2013, 05:17 PM

Hello again, lawyer:

Nahhhh.

excon

Fr_Chuck · Jun 26, 2013, 05:42 PM

There are some cases, where the size is a issue, and if it gets to court, that can be addressed, but it all normally comes down to who hit who first, and the most important issues, 1. why where they in this situation, and the most important issue of all, 2. WAS THERE ANY WAY TO RUN OR GET AWAY, she will need to explain why she could get the knife laying there and he did not, why knife was there, (exactly where knife was) and was there any point and time, she could have ran a way, like a break in the fight

earl237 · Jun 26, 2013, 05:59 PM

It depends where you live, in places like Canada and the UK the justice system can be really stupid and prosecutors love to persecute the victim. The victim is often considered the bad guy if any weapon is used and the attacker is injured. In those situations you should tell the police that you were attacked, your life was in danger and you stopped defending yourself as soon as you were no longer in danger. You should ask for a lawyer before you make a more detailed statement.

ScottGem · Jun 27, 2013, 03:08 AM

Originally Posted by earl237

It depends where you live, in places like Canada and the UK the justice system can be really stupid and prosecutors love to persecute the victim. The victim is often considered the bad guy if any weapon is used and the attacker is injured.

First, do you have any studies to back up that statement? While I'm sure it does happen sometimes, I doubt if its as common as you make out here.

Originally Posted by earl237

In those situations you should tell the police that you were attacked, your life was in danger and you stopped defending yourself as soon as you were no longer in danger. You should ask for a lawyer before you make a more detailed statement.

NO, she should not make ANY statement except under advice of counsel. Nor should she make any statement without counsel present.

earl237 · Jun 27, 2013, 07:18 AM

Originally Posted by ScottGem

First, do you have any studies to back up that statement? While I'm sure it does happen sometimes, I doubt if its as common as you make out here.

Unfortunately, it is very common for the assault victim to be charged for defending themselves. Look up the following people for more details.

In the UK - Tony Martin

In Canada - Ben Taylor, Lawrence Manzer, David Chen, Ian Thompson, Alexandru and Marius Truta, Brian Fox, Joe Singleton

ScottGem · Jun 27, 2013, 07:58 AM

I didn't say it didn't happen, but you are citing 8 cases. I'm sure there are thousands of similar cases where this didn't occur. My problem here is you are making a blanket statement condemning the judicial systems of several countries without sufficient supporting documentation.

Because it can happen, is why I advised the OP to have the friend say NOTHING without an attorney present.

curiosity74 · Jun 27, 2013, 10:20 PM

Originally Posted by ScottGem

I didn't say it didn't happen, but you are citing 8 cases. I'm sure there are thousands of similar cases where this didn't occur. My problem here is you are making a blanket statement condemning the judicial systems of several countries without sufficient supporting documentation.

Because it can happen, is why I advised the OP to have the friend say NOTHING without an attorney present.

I agree. I spoke with her yesterday and she stated her name is not in the system meaning no warrant. Hopefully the guy sobered up and realized he did wrong and just didn't press charges. I do believe she is sticking to what her lawyer said and that is "do not report in, nor give a statement, w/out him present".

J_9 · Jun 27, 2013, 10:38 PM

Pressing charges is a common misconception. One cannot actually press charges. They have to file a complaint and the prosecutor is the one to decide if there is enough evidence for charges to be filed.

To Earl. This is in the US, not Canada or the UK, so your case laws don't apply.

curiosity74 · Jul 9, 2013, 05:55 PM

Originally Posted by curiosity74

I agree. I spoke with her yesterday and she stated her name is not in the system meaning no warrant. Hopefully the guy sobered up and realized he did wrong and just didn't press charges. I do believe she is sticking to what her lawyer said and that is "do not report in, nor give a statement, w/out him present".

Well everyone thanks again for all your information.. she was arrested and being charged with first-second degree assault.. so to court she goes. I will definitely keep her trial posted, for anyone else that may need help with a situation similar to this one, and just to be up on criminal laws. Do's and don'ts are always helpful

J_9 · Jul 9, 2013, 06:07 PM

Thanks for the update!

ScottGem · Jul 9, 2013, 06:46 PM

Did she turn herself in? Was the other person also arrested?

Fr_Chuck · Jul 9, 2013, 08:29 PM

Arrested does not mean she will go to trail, it merely means, that the DA at first glacé believed the evidence presented. In fact, many cases of self defense go to DA, At this point, their attorney will discuss this with DA ( she should not say a word) not give her side of story without attorney. Many people convicted because of a mis said word when they are explaining what happened.

Most true self defense cases, charges are filed, and then dropped.

If not, they will need to show that the elements of crime is not present.

Since she did assult him, most will hang on if she had chance to get away, or not.