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Ask Mr. Lofton Your Own Question
Mr. Lofton
Mr. Lofton, Lawyer
Category: Criminal Law
Satisfied Customers: 1291
Experience:  25 years experience
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I RECEIVED A CITATION AND APPEARED IN COURT. THEY NEGLECTED ...

Customer Question

I RECEIVED A CITATION AND APPEARED IN COURT. THEY NEGLECTED TO SUPENOA THE COMPLAINTANT AND DISMISSED THE CASE. NOW I RECEIVED A CRIMINAL SUMMONS TO APPEAR AND THEY ARE CALLING IN ANIMAL CONTROL TO TESTIFY AGAINST MY DOG. IF THE COURT HAD DONE THIS CORRECTLY THE FIRST TIME IT WOULD OF BEEN SETTLED JUST I AND THE COMPLAINTANT. I FEEL I HAVE A MISTRIAL AND NEED TO KNOW WHAT I SHOULD SAY TO THE JUDGE TO ACHIEVE A FINAL DISMISSAL OR MIS TRIAL BY THE COURT. THANK YOU FOR YOUR RESPONSE. I FEEL THEY ARE ILLEGALLY TRYING TO STACK THE CARDS AGAINST ME AND I HAVE MY RIGHTS. IT IS A BARKING COMPLAINT AND I HAVE WRITTEN NOTORIZED LETTERS FROM MEMBERS OF MY COMMUNITY THAT PROVES THE COMPLAINTANT IS THE NUISANCE NOT THE DOG. HE HAS BEEN OUTSIDE FOR FOUR YEARS WITHOUT A SINGLE COMPLAINT UNTIL NOW. THANK YOU
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Mr. Lofton replied 8 years ago.

Depends on whether the dismissal was ":with prejudice" or "Without prejudice" - when you go back be sure to argue that it was "with prejudice" and complain that you were there in court ready and willing to have a tiralof the matter and it is unfair to have to come back multiple times.

If the original dismissal was "without" prejudice then bringing you back in is controlled only by the statute of limitations.

BE sure to bring not just signed statements but actual witnesses if you think the judge is gong to have the trial on the day your go back.

All the best,

Mr. Lofton and other Criminal Law Specialists are ready to help you
Customer: replied 8 years ago.
Reply to Mr. Lofton's Post: WILL THE COURT LIKELY ALLOW NOTORIZED LETTERS FROM NEIGHBORS I HAVE THAT PROVE THE NUISANCE IN MY CASE IS THE NEIGHBOR NOT THE DOG. THE NUISANCE WAS ALSO TOLD BY THE POLICE DEPT TO STAY AWAY FROM MY NEIGHBOR. ANIMAL CONTROL ONLY HAS HIM AS A COMPLAINT THE DOG HAS BEEN OUTSIDE FOR FOUR YEARS WITHOUT A COMPLAINT. ANIMAL CONTROL WOULD NOT EVEN BE INVOLVED IN A DECISION IN COURT IF THE COURT HAD DONE THERE JOB CORRECTLY AND SUPENOAD THE COMPLAINTANT AT THE CITATION TIME. I FEEL THIS IS TOTALLY UNJUST TO MY RIGHT AND THEY ARE TRYING TO MUSCLE ME OUT JUST TO CLOSE THE CASE. I NEED MORE ADVISE AND I WILL GLADLY ACCEPT THANK YOU SO MUCH FOR YOUR TIME ROBERT ADLMAN
Expert:  Mr. Lofton replied 8 years ago.

If thisis a motion for a retraining order the court will allow notarized statements intitially, but if the court issues the restrainingorder on a temporary basis -- until a "trial" can be held -- then you will need live witnesses at the trial!

Regards,

Customer: replied 8 years ago.
FROM ALL I TOLD YOU ISNT IT SAFE TO ASSUME IF I TAKE ALL OF YOUR ADVISE THIS SHOULD BE DISMISSED? THANK YOU ROBERT ADLMAN
Customer: replied 8 years ago.
waiting to hear from you on your feeling about the outcome in my case. Thank You Robert Adlman
Expert:  Mr. Lofton replied 8 years ago.

Robert, I have found that it is not a good idea to assume what will happen in a court room - it is a good idea to come prepared!!!!

I wish I could guarantee an outcome but I cannot,

ALl the best,

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