Legal Question in Criminal Law in Virginia

Evidence, charge and arrest questions (2).
At a party given by my son, 5 uninvited young men showed up and were told to leave. They refused. One attacked a party quest and a fight ensued. (4 on 4) This occurred outside. My son, who has a broken foot and was on crutches, went outside upon hearing commotion. He was standing 15-20 feet away when one of the uninvited guys, who had my son�s friend in a choke hold, but got pulled off, rushed towards my son who was looking away towards his house at the time. Feeling threatened, he hit the guy twice with a crutch, the other dropped to the ground. The guy injured and ended up getting stitches (later). My son continued swinging the crutch to keep him away. The guy�s friends grabbed him and they left in their car.

Police came; son & friends were on porch. Crutches by wall. There was no search warrant or arrest warrant. Officer took the crutches. Son said he needed his crutches to walk. Officer said he needed them for evidence. He took them without consent. Is this legal? Based on what laws or legal decisions.

Son charged with malicious wounding/assault by mob. Victim did not press charges. Police did. No other arrests. If it was a ''mob assault'', why would my son be the only arrest, when others were fighting?

Asked on 8/03/06, 11:20 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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Re: Evidence, charge and arrest questions (2).

This question has already been addressed and I see nothing in this resubmital to suggest that anything has changed.

Your son needs a competent criminal defense counsel which hopefully he has by now on either a retained or appointed basis.

Answered on 8/04/06, 10:26 am

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