What can I do to help get domestic violence charges dropped against my boyfriend/ex-boyfriend?
Recently I had an altercation with my boyfriend/ex-boyfriend in which he physically assaulted me and the police were called by concerned neighbours. They showed up to the residence and asked me to give a statement while he was taken to the police station. They informed me that charges were going to me made and that it would definitely be going to court due to the nature of our relationship. They also mentioned a ‘family violence order’ but I can’t recall much about that other than it meant he couldn’t make threats, physically harm or intimidate me.They informed me that the decision to have charges pressed is out of my hands which came as a massive surprise to me (probably because I watch too much Law & Order).This is not at all what I want. I know I will be safe without the interference of the law system and that leaving him will not be physically difficult. I do not live with him, share assets with him or have any need for it to be settled in court.Most of all, I want him to get better. I know he has the capacity to do so but that he has no self-control and cannot simply hope to do so by will in my presence. Getting better is something he absolutely cannot do with me not even just because of my safety but because it’s not possible for him. He can’t stop while he is with me.He is currently a student and I don’t want it to be hard for him to find a job. He already has massive mental health issues that are undoubtedly the root cause. This will just exaggerate these. I don’t want him to do this to another girl and I don’t think being charged is going to stop that.I know he can better himself and get over this if it’s dealt with properly. I know he wants to do so but has no idea how to. I don’t want him to end up a life-long abuser; miserable in himself and violent to others. I want the good parts of him to take over and for him to have a good life. Albeit without me.I want to know if there is anything I can do as the alleged victim to help the charges be dropped. I know it is mostly out of my hands but I want to do everything I can. Thankyou.
How do I keep from going to prison with trafficking charges?
Get the best criminal defense attorney you can afford...REALLY! Preferably, retain local counsel who regularly appears in the court where you'll be tried. Make certain that she or he has substantial experience in defending drug cases. If you have already been arrested and charged, hopefully you haven't talked to the police without an attorney being present. Never, EVER discuss your case with anybody but your lawyer...that means NOBODY! Except for a few instances, that friend, acquaintance or family member can be called to testify against you. If you're found guilty of the most serious offense, sentences vary widely from state to state. Your attorney may recommend that you take a plea deal to avoid trial. Give that due consideration if you are actually guilty. A lot depends on various factors... Was this your first offense? What kind of drug are you accused of selling? How much of the drug were you caught with? Are there people who worked with you to whom the prosecutor has offered immunity to testify against you? Did the police use an undercover cop or a confidential informant to help make their case against you? Is an entrapment defense possible? Might you be offered full or partial immunity to testify against someone else?These are possibilities that your attorney will have to explore. DO NOT settle for a public defender. They are overworked and underpaid. Hire the very best attorney you can. If you've already been arraigned, then I assume you are out on bail. STAY OUT of jail...not just for the obvious reasons. Follow your attorney's advice to the letter.
Are Capias charges very bad? plz read. ?
CHARGE(S) INFORMATION Charge Number: 1 Case Number: Statute: CAP-MISD Description: CAPIAS - MISD Charge Comment: DISORDERLY INTOXICATION Bond Type: NA Bond Amount: 0.00 Disposition: TIME SERVED Projected Sent. End Date*: --------------------------------------... Charge Number: 2 Case Number: 05014236CF10A Statute: CAP-FEL Description: CAPIAS - FEL Charge Comment: BURGLARY STRUCTURE/CONVEY. DWELLING/OCCP Bond Type: NB Bond Amount: 0.00 Disposition: Projected Sent. End Date*: --------------------------------------... Charge Number: 3 Case Number: 05016725CF10A Statute: CAP-FEL Description: CAPIAS - FEL Charge Comment: GRAND THEFT Bond Type: NB Bond Amount: 0.00 Disposition: Projected Sent. End Date*:
How much time is possible to serve with these charges?
It all depends on the penalties established in your state for the particular offenses, your state's sentencing laws, and the discretion, if any, of the judge.
If someone is assaulted and the victim does not press charges, can the assaulter still get into legal trouble?
Others have written good answers and some of those others are lawyers or police officers ... Me? I'm neither, but I think I have a little to add that may help clarify things (but not really add a lot new).In a criminal case, the case reads e.g. New York vs. Joe Smith. In a civil case, it would be Jane Doe vs. Joe Smith. In a criminal case, the prosecution is done by some combination of police officers, other investigators, and the city, state or federal authorities. The police are paid by the "people". If it goes to trial, the attorneys for the prosecution are also paid by the people. Several people raised the fact that, in a murder case, the victim can't press charges. True. But hardly unique! This also happens in many drug cases, prostitution cases and child/spousal abuse cases. However, it wasn't always so and it isn't so everywhere. All the above is centered on the USA (although I believe many other countries are similar). Some states have, however, not even tried to prosecute criminals and others make only minor efforts to do so. This failure may be due to the actual law or it may be due to lack of resources or it may be due to corruption. When this is the case, people take the law into their own hands. Such places are always very violent. E.g. the "wild west". I'd be interested to hear about how criminal cases work in other countries.
The Case of Jena 6. What's you're opinion?
I would like to ask those who believe justice was actually served and who are blinded by the fact that this case is racist... Was it justice when no criminal action was taken for the hate crime when the white boys put three nooses up on a tree? Was it justice when the black boys got arrested for stealing the gun that the white man pulled on them? Was it justice when there was no action taken to the white boy who beat up the black boy at the first party? And finally was it justice to have bail set so high that one can not even make bail and then to serve 22 years for a crime that was provoked by at least 3 incidents prior? And to those who say well those 6 boys did do the crime so they have to do the time...Its racist because nothing was done at all to the white kids that were involved in those 3 incidents, maybe if justice was served there it wouldn't have gone that far. And to the guy who highlighted BLACK LAWYER everytime whats the point of that? Like because they had a black lawyer its suppose to show that there was justice done? NO they had a public defender before he was black, meaning he was probably not prepared and not competent enough to take on a case of that magnitude. If one cannot see the race factor in this case, then you are part of society's problem, cases like this should not even go on anymore. People shouldn't even be thinking about putting up nooses on a tree...Its about to be 2008!!! The Nation the world for that matter is becoming more multicultural as we speak. Please all we ask u is to think rational! 22 years for these black boys sentence is not justice and if u think these white boys didnt do a crime... I dont know where u live but I guess its called America
What does it mean when a court case is dismissed?
I went to court on the 25th of September 2013 with a previous apartment complex I lived in over charges of $240.00. I was the plaintiff in this case. The judge dismissed the case and I am continually getting letters from the apartment complex. I called the complex today in regards to these letters and was told that the judge stated that I owe them $240 and that I can be sued for this. After a dismissal I am aware that I still owe the money but this was dismissed and in small claims this cannot be appealed after the decision is made unless the apartment sends this to collections. Any advice will help.
How much time does an inmate have to serve before becoming eligible for a parole hearing?
Depends on the sentence and state:A set sentence with no chance of parole is just that and life without parole is a pretty common sentence.A minimum mandatory means a person will serve a minimum of so many years and then it is up to the parole board.You can also be sentenced to consecutive or concurrent terms. In concurrent you serve all charges together in consecutive you serve a term for one charge and then start a term for another charge.Most states have some way of earning good time if you have no problems while in prison but it is up to the parole board and if the victims show up at your parole hearing and protest you are not likely to get a date.Some inmates know they won’t make it on parole so they refuse an early date and do their whole time to avoid parole.
How long can someone be held in jail without being sentenced for a criminal case?
A very very very long time. Prosecutors frequently use this to their advantage to increase conviction rates by getting bail set well beyond a defendant's means so they have no option but to remain in custody. The DA will then do anything in their power to drag things out, getting one or more continuances on the preliminary, arraignment, and/or pretrial conference, getting hearing dates scheduled as far in the future as they can, and so on, to the point the defendant has been sitting for months(a lot of times for minor, nonviolent charges), and can look forward to at least several more months before their trial date is set and concluded. Finally when the DA offers time served, hundreds of dollars in fines and costs, and probation for a guilty plea, most people are of course going to jump on that(even the ones that are almost certain they can beat their case, or are outright innocent) simply so they can finally get back to their life. Not only does it help boost their conviction rate by basically strong arming people who are denied or can't afford bail into guilty pleas, but by giving many untreated drug addicts no help and putting them on probation, it keeps the proverbial revolving door spinning since they will likely violate probation for failing drug tests and end up right back in jail(which, of course, means they have no option of bail). Needless to say there are fundamental flaws in this, and while they shouldn't be able to, they can leave someone charged with a crime waiting for years to be sentenced.