Legal Question in Criminal Law in Maryland

falesly accused of assault... what can i do?

My ex-girlfriend came over to MY house asking for things she had left there months ago. She and a friend walked in without knocking and i promptly asked her to wait outside. I politely asked her several times to leave and she still didnt. When she saw my new girlfriend, who lives with me, she yelled at her, threatened her, and then unexpectedly assaulted her. As my girlfriend was pinned on the ground, i then pushed the other girl off of her and pinned her down until my girlfriend could get away. The EX had a bloody eye as she left with her friend. The police officer who caught up to my ex and her friend later stated he smelled alcohol on both of the girls breath. The next day, we pressed assault, breaking/entering, malicious destruction of property, and tresspassing charges. Now I received a summons today charging me with assault. She is saying that I am the one who assaulted her and gave her a bloody eye. I cannot afford a lawyer right now, but i make too much money for a public defender. What are my options? Can I have a lawyer sue her for falsely accusing me so I will not have to incur any of the costs?


Asked on 7/16/02, 3:31 pm

1 Answer from Attorneys

C. William Michaels Law Offices of C. William Michaels

Re: falesly accused of assault... what can i do?

From reading this story, something tells me this is

only going to get more serious between the various

parties. Now that the matter has moved into the arena

of criminal court due to charges and counter-charges,

there is no such thing as "can't afford a lawyer." Get

one, and do it today. Make sure the attorney has a lot

of experience in criminal law matters at the level of

Maryland District Court. And remember that you get

what you pay for, especially in legal services.

You must first vigorously defend the criminal charges,

which involve at least calling the various parties

present as witnesses. It is possible that the criminal

cases will be tried together since they arose from the

same incident. But that is not clear.

As for suing the ex-girlfriend over the charges,

what you are speaking of is malicious prosecution.

That is a civil action which first requires that the

initial legal case brought against you, be resolved

in your favor. And that means a favorable result in the

criminal case against you. So it is too soon to be

thinking seriously about that, although it is available

as a civil remedy down the road.

Go to friends, relatives, whatever. But be sure

that you have legal representation in this criminal

case. A guilty finding will follow you for a long

time and can result in other consequences such as

fine or jail, regardless of how foolish you thought

the charges were.

And how did this simple matter of your ex-girlfriend

coming over to get her stuff--something that goes on

every day--wind up in this donneybrook? Something

tells me that something else is going on here. A judge

who is tired of hearing about it (like the Judge

Joe Brown types on TV and they do exist in real

courtrooms) might just convict everybody. Don't take

any chances with this.

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Answered on 7/20/02, 3:14 pm


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