Story How i got arrested and being back and forth in court for a year

[Gstreater]

About a year ago I was arrested for protecting my sister. My brother has terrible anger issues he's given me black eyes and beat on me most of my life. So when I saw him and my sister getting into an argument and threatening to slap her. (This wouldn't be the first time he's hit her) I put him in a chokehold, and I won't lie I genuinely thought about killing him because no one could stop me and I got a lot of trauma involving him. If my mom didn't snap me out of it I might have done it. (Now I wouldn't but I have to admit my faults as well) When I got off him and he got up he was angry threatening me, wanting to fight me, saying that he didn't hit my sister yet. For some reason I was told to wait outside. Eventually my brother wouldn't calm down so the cops were called. Instead of him being arrested I was because I hit him before he hit my sister. They took me down to the station and I would've went home that night, but since my brother said he passed out a bit my charges were upgraded. So I went to jail, I didn't get mad I just had to accept it. Since it was late Friday I couldn't see a judge and so they sent me to county until Monday. I didn't really eat while I was there, I was on pins and needles. To be fair everyone was nice to me, the other inmates said I would be released but I was still scared I would have to wait for a month if the prosecutor was worried I might try and attack him again. I was let out late Monday, luckily my mother was there because they gave me a single bus ticket, couldn't use the phones before we left and the only reason she knew I was getting out was because she kept calling them. We couldn't live in the same place so he was kicked out told to fend for himself and I was let back in. I haven't contacted him since but I'm still going through court. The prosecutor will see if they'll go forward with the trial or dismiss the case on the 28th.

TL:DR I protected my sister by choking out my brother, I was arrested and I've been dealing with it for a year now.

 

[Nervous young man]

We live in a very cruel and unjust world clearly but I think you are very brave and admirable for doing the right thing and defending those who can't defend themselves.

The rest sucks a shit ton, I doubt they will go forward with the case though given all of the information and your family siding with you.

 

[Praestat_Mori]

I'm sorry you have to go through this. You wanted to protect your sister and that is great and you did the right thing. I hope all goes well for you and the trial will be dismissed.

 

[steppenwolf]

No, make no mistake about this: you were not arrested for protecting your sister, you were arrested for choking your brother. Your sister had nothing to do with it. Your brother's background of violence had nothing to do with it. There were other ways you might have protected your sister other than by choking your brother. You didn't want to protect your sister; you wanted to choke your brother, protecting your sister was just an excuse. All the law sees is that you choked your brother, you're not sorry you did it, and you would do it again the moment he gives you the slightest excuse. Any good solicitor will tell you this.

It's no use trying to persuade the law that you had any justification in choking your brother. As far as the law is concerned, there is never any justification. Even if he had just beaten your sister to death before you choked him, you would still have been arrested for choking him. As far as the law is concerned, if your brother attacks your sister you should call the police on him, even if they arrive too late. And you should not choke him, because it's illegal to choke people.

I'm not saying I agree with it, I'm just saying that's how the law works. It's not about what your brother did; he's not the one who's been arrested and charged. Since you've already admitted to choking him, you just have to behave yourself until your day in Court, then say you're very sorry, you never wanted to choke your brother, and promise that you'll never lay a finger on your brother again.

 

[locked*n*loaded]

As far as the law is concerned, if your brother attacks your sister you should call the police on him, even if they arrive too late. And you should not choke him, because it's illegal to choke people.

It is not illegal to come to the defense of another and use whatever necessary amount of force is required in order to protect another person from injury, or worse, at least in the US.

OP: Make sure your sister tells the story to the prosecutor that she was being threatened by your brother and was in fear of bodily injury, and that you only stepped in to keep her from being harmed. That is your defense - to protect another from bodily harm or death.