Legal Question in Criminal Law in Maryland

The history: I have a seventeen year old foster son that I do not have legal custody of. In fact his father has full custody of him. A year and a half ago, his father kicked him out at which time he went to live with his biological mother. My son and his step-father were constantly bumping heads and he was continually getting kicked out of his home. I spoke with his biological mother and step-father and it was determined that it would be in his best interest if he came to live with me (I am registered to foster and adopt in the state of NJ). Since this time, his biological mother has left my son's step-father and she continues to repair her relationship with my son.

The present: My son, a friend and myself went to the biological father's house to discuss custody so that I could place him on my medical insurance (since he will be attending college). I intended it to be a civil conversation whereby I was requesting that we go to the court house to file the paperwork without making it a long drawn out process. My son's step-mother came out of the house and started making derogatory remarks to my son. I tried to explain that I was there to speak with his father regarding custody. She wouldn't let me get a word in edgewise. My son, being frustrated, said something to the effect of "will you just shut up!" At which point his biological father balled up his fist and swung at him. His father missed, but managed to get his hands around his neck and began choking him. I stepped in between him and his father and pried his father from him by pushing his father back. While my back was turned, my son's step-mother charged at him. My friend stepped in her way. She began trying to fight through my friend to get at my son. I, along with my son's father, pulled his step-mother off of my friend. Once subdued, I sent my friend and son to the car. The step-mother went into the house and the father and I continued to talk. A few minutes later the step-mother came out and said "you have to leave. I called the cops and you�re trespassing." I started to leave and the father asked me for my contact information. I told him I would give it to him. His wife said, "no! leave!" So I left.

My son, my friend, and I went to the commissioner so they could file assault charges on the father and step-mother (I did not file any charges). They were served three days later at which point the step-mother went to the commissioner and filed second-degree assault charges on my friend and I. She claimed we hit, kicked, punched, pushed her, and threatened her life. None of which happened. She also charged us with trespassing and filed a peace order against us.

We went to court and did not fight the peace order since we didn't have any intention of going anywhere near her or her residence (keep in mind, we had never met this woman prior to the occurrence).

Now, we are scheduled to go to court tomorrow. I have been trying to get a hold of my public defender since early February and have left seven messages on his voicemail. I attempted to phone him today and was still unable to reach him. Now, I am hoping someone knowledgeable with criminal law/assault can assist me in what to expect and provide guidance on how my friend and I can defend ourselves in court tomorrow.


Asked on 3/14/12, 10:34 am

1 Answer from Attorneys

William Welch William L. Welch, III Attorney

When you speak with your attorney, if you still have questions, you should ask him or her for more time to discuss the matter.

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Answered on 3/15/12, 5:24 am


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