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Nocasehelp22 Asked March 2019

I was falsely accused of elderly battery. Plaintiff claims I slammed iron gate on her. What to do, please help!

There was no physical injuries or bruises of any kind. Refused medical attention and I was handcuffed. I was not given a chance to state my side of the account of the acutal story. I was immediately handcuffed and promptly taken to jail, no miranda rights, no statement. Obviously made a false statement to police. Made false report. What to do, please help!

97yroldmom Mar 2019
were you actually charged with anything?

pamzimmrrt Mar 2019
I am still trying to figure our the whole "she controls our AC", which sounds like they live in the same house.. and the "metal door/gate" thing.. which sound like outside doors? How is this living arraignment set up, and who is "she"? A relative, boarder.. landlord..?

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Nocasehelp22 Mar 2019
in no way shape or form did I hit her with any gate she knocked on our door we had a dispute over the air conditioning cuz she controls our bedroom which is illegal and she refused to come inside to check the temperature and we had a verbal dispute and then she tried closing slamming her metal door in my face. all I did was stop the gate from hitting me I never touched her my skin never touched hers. I stopped the gate and let it go and I went side of my house and that was the end of that next thing I know I'm being told that the police just wanted to ask me a couple questions, so I go outside and they did not read me no rights they did not give me a chance to speak they just hooked me and took me to jail. And no I have no priors

Shell38314 Mar 2019
I am no lawyer but here is what I do know about the law. The police "have to" read you your Miranda Rights or the case can be thrown out. You have the right to have a lawyer if you can't afford one than the state "has to" provide one free of charge. (I think). Remember the Plaintiff and/or State have the "Burden of Proof", in other words, they have to prove their case.

Hopifully someone with more knowledge will help you. But if it was me and I had to go to court I would plead "not guilty" and tell the judge I need a lawyer!

Good Luck!

worriedinCali Mar 2019
A lawyer is really the only one that can help you.

JoAnn29 Mar 2019
So, if the suggestion of getting an attorney doesn't help what else can we suggest? If you can't afford one ask for legal aide.

Really, we need more info. Did you slam an iron gate? If there was no bruises, ect..it seems it's your word against the other persons. Is the elder a relative, a neighbor. Do they have Dementia? Do you have priors?

Evermore99 Mar 2019
Get an attorney and fast.
Nocasehelp22 Mar 2019
Appreciate that but doesn't help thanks any way
97yroldmom Mar 2019
Do you know the plaintiff?
is this a neighbor? A family member?
Regardless, I would think you need an attorney.
Nocasehelp22 Mar 2019
Yes and why wouldn't the police take my statement,I thought in this country your side of the story counts especially when there are absolutely no visible marks and refused medical attention.

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