Expert: Edward Martinovich, Esq. - 10/4/2006

Question
my boyfriend is on a year probation that ends in one month. we
got into an argument that ending with me having my head
bashed against the wall and on the floor... i ran out... i went to
the police to make a report. i was told he would not be arrested
and then later found out he was arrested... here is the twist, i
was going balistic on him and he clams it was in slef defense/ to
calm me down, and that i walked into the wall while he was
trying to pull me back... i look back and i am starting to think he
is right. i did have a moment when i blacked out and i can't
remember what i was saying.. i was put on a psych medication
that is not mixing well with me, and this is the second outburst i
have had on this medication... now, i called the police and they
said i need to go to the court date and talk to the DA... what do
you think will happen?... i am prepared to go with medical
records of mine that states the outbursts i have had under this
medication... i am really feeling terrible because i feel that i have
made a big mess... this is also in a county of new york that
seems to love to hang people and i am so scared that he will go
to jail because of something i was not clear on.

thank you so much in advance for your reply.  

Answer
Jane Smith:
Are you the Jane Smith from Mr. and Mrs. Smith? The Angelina and Jolie character?  Boy, there are lots of jane smiths in the world.
Well, the prosecutor will probably need your testimony in an effort to violate your boyfriend's probation.  If you truly believe its self defense, you should let his attorney know that, and he in turn will tell the prosecutor that he has a strong chance of beating the charge.  If the prosecutor goes for it, he may dismiss the charge, or may agree to a greatly reduced sentence.  Moral of the story, your boyfriend needs a lawyer.