Legal Question in Criminal Law in Michigan

Family Issues

If two women came to my home and intentionally attacked my sister and mother through the door with a car club, what does the law state about that? What law has been broken? If my sister helped my mother when she was jumped, and the other two adults fought my sister what law was broken? They are charging my sister with assalt and battery and note charging these perps with anything? They attacked my mother, and sister with weapons and my mother then in self defense got a knife and stabbed one of the ladies. The law is not working in our favor at all. What can we do! We want to file suit against the police, the preps, the prosecution. We have been subject to clear partiality in the criminal justice system and been subject to both slander and libelous statement from the authorities and the news media.


Asked on 4/28/07, 8:36 pm

4 Answers from Attorneys

Re: Family Issues

Your mother and sister should retain an aggressive attorney to fight for them.

For more information, go to:

www.AggressiveCriminalDefense.com

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Answered on 4/28/07, 11:20 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Family Issues

Do we really have all the pertinent facts? What inspired the "two women" to come to a house and attack another woman with a "car club" ... and the "two women with the car club" were not the ones who got charged? SOMEthing(s) happened leading up to that! Did your sister and/or mother do something earlier to give the "two women" the right to act in lawful self-defense???

If nothing happened earlier, and if the car-club-wielding women should be cahrged with anything, it could range from something as minimal as assault and batter (misdemeanor) to malicious destruction of property (misdemeanor or felony depending on the amount of damage) to Home Invasion (felony).

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Answered on 5/07/07, 10:09 am
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Family Issues

Your family needs attorneys who will fight the case both in court and out. If the prosecution is leaking information then that has to be stopped. Each defendant deserves her own lawyer. If one of those lawyers has previous experience handling media cases that would be great.

You also need attorneys who understand how to use the Federal civil rights act, both to protect your family and also to attack the other side in the criminal case.

If you are looking for good lawyers you can usually find them by looking for lawyers who are active members of the Michigan Association of Criminal Defense Lawyers. If they are also members of the National Association of Criminal Defense Lawyers too, that is further proof of their committment to aggressive professional defense.

I would look for people who have been invited to lecture to these organizations or who write articles for their publications.

Finally look for lawyers who are well rated by Martindale-Hubbel you are looking for lawyers with at least a BV rating. (AV is the highest.)

Good luck.

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Answered on 4/29/07, 2:22 pm
Regina Mullen Legal Data Services, PLC

Re: Family Issues

"They attacked my mother, and sister with weapons and my mother then in self defense got a knife and stabbed one of the ladies. "

My initial response was "ummhmm."

But, years ago, I consulted on a case where the victim was stabbed over 20 times and yet, self-defense was found, so it's not entirely unlikely.

Instead of jumping up and down and trying to sue everyone, you need to hire a GOOD lawyer to make the arguments for you in court and with the prosecutor, and see what happens.

Expect to pay, but more importantly, make sure your attorney has a *really good* reputation. Your expert (and you'll probably need at least one) will also need to testify, so, again, expect to pay.

Call around before hiring someone and read old issues of the newspaper for cases in which someone in your area was actually acquitted on the basis of self-defense.

Focus on that first, worry about suing people later.

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Answered on 4/29/07, 8:10 pm


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