Legal Question in Criminal Law in Virginia
Assault Battery Abduction False accusations
I am inquiring about charges against my brother.
He was arrested on charges of assault and battery and abduction of his girlfriend in their apartment. He was intoxicated from drinking beer. A neighbor downstairs called the police (meanwhile the neighbor's boyfriend was at my broher's apartment door threatening with a stick). My brother grabbed a butcher knife which he was still holding when the police arrived. My brother was arrested. They say they have evidence of his wrong doing and the charges will not be dropped. His hearing is next month (he is out on bail). My brother's girlfriend did not press any charges. She is baffled by the whole thing and testified at the bail bond hearing that he did nothing to her that particular night including not holding her against her will. No one was assaulted by my brother either. Now he is facing going to prison for something he did not do. He has a court appointed lawyer who is really doing nothing with the case and also states he can not find out what the evidence is against my brother. In Va., do the defense lawyers have access to the evidence? Will there be a jury? Does he have a chance of getting out of this? Why would abduction charges come about?
1 Answer from Attorneys
Re: Assault Battery Abduction False accusations
As a general rule, it is not a good idea to be drunk and holding a butcher knife when the cops arrive. A private lawyer will probably obtain a better result than the court-appointed.
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