Legal Question in Criminal Law in Georgia

Re: Simple Battery

1) There are many aspects to pre-trial procedures, which might include a determination of probable cause for the arrest. I don't know her reasons with regard to the timing. 2) Yes. 3) Defend the action criminally and consider civil action. 4) You can counter-sue if she has filed a civil suit against you, but not if the matter is criminal. Whether you should or not is not a question I could not (and should not) answer just from your posting.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

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www.macgregorlyon.com

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Re: Simple Battery

The pre-arrest hearing is something that has been adopted to help screen cases before arrest warrants are issued. The two week delay is not procedurally significant, but it does suggest she deliberated prior to requesting a warrant. To me it suggests that she has been simmering since the event and finally decided she would "go after" your husband.

When representing my clients at pre-arrest hearings, I encourage them to be prepared to make a bond if the Court finds probable cause, which is a very low standard of proof. It literally means the court believes there is probable cause to believe a crime may have been commited and that the defendant may have been the prepetrator.

The hearing itself is very useful for discovery purposes, such as whether the accuser claims there are any witnesses to the event, whether she claims injuries as a result, whether she complained to anyone soon after the alleged event, and whether she sought any medical care or treatment.

Under the circumstances, it may be possible to get a dismissal at the preliminary stage of things, although it is not likely due to the low standard of proof.

As to the issue of counter-suit, such a claim is civil and does not lie in a criminal proceeding.

Call if you would like further discussion.

Jim Hough

770-607-5300