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URGENT! Please help me! I don't know what to do

URGENT! Please help me! I don't know what to do

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  #1  
Old 04-14-08, 05:38 PM
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URGENT! Please help me! I don't know what to do

Hi Guys, I am from Colorado and this is what happened yesterday. At a ski resort, a lady and my wife got into a fight (apparently my wife got on her way while skiing), the lady started to get very violent at my wife, who knows martial arts and pushed her. The lady fell, my wife kicked snow at her and I had to get between both to stop it.

The lady called the cops, they filed a report and called my wife to the police station tomorrow morning to talk to her about that. She already gave her statement yesterday, so it seems like they called her to clarify a couple of things, since her side of the story is different than the lady's.

My questions are:

1) What are my wife's rights at the interrogation session? Does she have to answer the questions? Should she go there with a lawyer?

2) What is the worst that could happen here? From my point of view, there was no need to get the cops involved as it was a minor problem, but I don't know how deep in trouble is my wife in.

I would really appreciate some input here, since this never happened before and we are a little bit scared.

Thank you!!
 
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  #2  
Old 04-14-08, 05:57 PM
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Take an attorney with you. Say nothing. If you do not know the law and you are not an attorney, get one.

This is not legal advice.
 
  #3  
Old 04-14-08, 06:05 PM
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Originally Posted by twelvepole View Post
There were no witnesses except you? Your wife knows martial arts and no one was hurt? Other woman starts to get violent. (No specifics; vague.) Wife pushes other woman. Wife says this. Other woman says that.

No one has been arrested. But, threats of violence are defined as assault. Violence is defined as battery. A person who is assaulted may use necessary and reasonable force in self-defense to protect himself from bodily harm. Words alone do not justify assault and battery.

There is no such thing as off the record. What you say can be used against you in court and can be used to arrest you. You do not have to go to the police station just because you are asked. You are not under arrest.

You can take a lawyer with you, but he can not interfere in the interview. You may want to consult with an attorney before the interview. Laws vary from area to area. The attorney can advise you of your rights.
Sorry, I will try to be more specific: there were witnesses. Cops got their information and they might be asked to give a statement. They all agree on what happened (at least on the basics). The only difference is that the other lady over-exaggerated everything. She said that my wife kicked snow at her several times (it was only once) and that she pushed her 6 feet away (it was probably 2 feet), but the basics are the same.

Nobody got hurt at all. According to the cops, pushing her away was self-defense but once the lady was on the floor and my wife kicked snow at her, it is no longer self-defense.

Thank you for your help.
 
  #4  
Old 04-14-08, 06:13 PM
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If you can grab an attorney, it wouldn;t be a bad idea. Always undestand, regardless of what the police tell you, they are NOT on your side. They are on their side.

If you cannot get one to go with you, I would really try to get a phone discussion with one prior to going in.



The fact you restrained your wife would give me reason for caution in this. It makes it sound like your wife was the aggressor and you stopped the whole thing by restraining your wife.

I hate to be so paranoid but from some of the things I have seen and heard, I would not be surprised to hear about some sort of charges from this. Hopefully not, but I would act as if it is a possibility.
 
  #5  
Old 04-14-08, 06:20 PM
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Originally Posted by nap View Post
If you can grab an attorney, it wouldn;t be a bad idea. Always undestand, regardless of what the police tell you, they are NOT on your side. They are on their side.

If you cannot get one to go with you, I would really try to get a phone discussion with one prior to going in.



The fact you restrained your wife would give me reason for caution in this. It makes it sound like your wife was the aggressor and you stopped the whole thing by restraining your wife.

I hate to be so paranoid but from some of the things I have seen and heard, I would not be surprised to hear about some sort of charges from this. Hopefully not, but I would act as if it is a possibility.
Actually the other lady was the aggressive one, and I got in between to stop her. All my wife did is to push her away because the other lady was coming at her, yelling in her face, she was really scary. I agree, my wife shouldn't have pushed her away, but she said she fell threatened and didn't know what else to do.

What kind of charges could my wife face?

Again, thanks for your help.
 
  #6  
Old 04-14-08, 07:09 PM
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based upon your last post, I wouldn't see any charges probable but as with all situations, who is believed makes a big difference.

a quick perusal of Colorado statutes show that

unlawful conduct on public property

or
disorderly conduct

would seem to be the appropriate charge IF there are any charges.

Take note; I am not an attorney and this is not to be construed as legal advice. I simply know how to look up Colorado's statutes.
 
  #7  
Old 04-15-08, 04:49 AM
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If it isn't too late to chime in, at the very least you should make sure both your wife AND you remain absolutely 100% calm while at the station. It's entirely possible the other party was a raving maniac in the presence of the police and they will be able to draw their own conclusions.

I never knew skiing was such a violent sport.
 
  #8  
Old 04-15-08, 06:16 AM
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Originally Posted by the_tow_guy View Post
If it isn't too late to chime in, at the very least you should make sure both your wife AND you remain absolutely 100% calm while at the station. It's entirely possible the other party was a raving maniac in the presence of the police and they will be able to draw their own conclusions.

I never knew skiing was such a violent sport.
Did you forget that Sonny Bono died in a skiing accident?

The speeds can be terrific and when you toss in the physics of mass and velocity, well....
 
  #9  
Old 04-15-08, 03:08 PM
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Police officers usually know when people are lying to them. They appreciate calm people who tell the truth.
 
  #10  
Old 04-15-08, 04:58 PM
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Originally Posted by nap View Post
Did you forget that Sonny Bono died in a skiing accident?
Yeah, but not as a result of violence; didn't he put a faceprint on a big tree?
 
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