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Ask Jane Doe Deer Your Own Question

Jane Doe Deer
Jane Doe Deer, Lawyer
Category: Criminal Law
Satisfied Customers: 3864
Experience:  Atty for 24+ years; Plain English explanations
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Good evening,There is a case of sexual ...

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Good evening,There is a case of sexual battery.The"victim" has a broad criminal history incl.4 felony convictions-70mts prison,countless arrests, countless civil judgements against her,etc She accused myfiance and he because of being foreigner got high bail-which we cannot pay for, got in trouble with immigration-during the time of sitting in jail his greencard expired etc.This "victim"-since the accusation-resides in another state.My fiance-knowing he is innocent and hoping for the truth to come out-demanded a speedy trial,which isgoing to happen in2 weeks.Now we accidentally found out that there is open warrant for her arrest - active since midApril-for traffic charges-$525 not paid since 2006.What is going to happen-is it likely she will come to the trial-will she maybe get arrested on the airport?If she comes here,will the prosecution automatically find out about the warrant-and if yes,is she reliable wittness for them?What and how I can do to get her arrested at trial?Thank you
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Jane Doe Deer replied 6 years ago.

Thank you for contacting Just Answer.

It seems to me that it's in your best interest that the victim does not appear at trial.

If she does, it's unlikely that her criminal background will be allowed in as evidence at the trial.

Is your attorney a free attorney? What is it about him that you don't like? The main thing is that he has a great deal of experience in criminal law and success in winning cases.

I'll be looking forward to your response.

Jane

Customer: replied 6 years ago.
Reply to Jane Doe Deer's Post: Thank You for Your response.
I and all who know my finace know he did not do it. But there were just 2 of them, they had sex and then she accused him of sex. assault. He admits having sex now and before, she denies dating before, and says he assasulted her. She was supposed to pay him back $500 - all her felonies before are money and truth related. I am affraid that this case is hard to proof for both sides, but he is a man and she is a woman... Attorney is hired-paid attorney.What I DO not like about him is that all this time - 2,5 years he did not move his finger to find any evidence, he just let it go, postponed, postponed...did not give us any professional information, what we know we found out by ourselves, my fince found out about the possibility of speedy trial - attorney after the trial was postponed again - when I asked him if there is anything he can do to speed up the whole thing - said there is nothin he can do.After we told him about speedy trial he said he never demanded it, because its not tactic. Well truth, I agree. He is in practice 32 years, but how succesfull he is, have no idea. He seems to be very stoic and not agressive.All search - f.e. about the warrant, contacting the witnesses - I do it. i did not tell him, I am afraid he might somehow misuse it. He only keeps telling us - oh I cannot use this, this also not, it looks like there is no solid possibility to defend my fiance. He is 41 the woman is 38. Its extremly upsetting and that is why i found your web page and tryed to ask. Thank you for Your response and interest. Monika
Expert:  Jane Doe Deer replied 6 years ago.

Well, if this is a paid attorney, there is nothing wrong with firing him and finding a better high-priced employee. That's right. The attorney is your employee, and if you don't like him, get rid of him.

Before you do, however, find another attorney. If the trial is only two weeks away, you want to make sure that you will be able to get a continuance, because it will take the new attorney time to get up to speed.

If your current attorney has been practicing criminal defense law for 32 years, chances are good that he knows what he's talking about, even if you don't like some of the answers.

There's also nothing wrong with you doing some of the footwork, because that saves money you'd have to pay him.

If your attorney tells you that certain types of evidence or witnesses can or can't be used, ask him why. He's probably right, but you and your fiancee need to understand why and why not he is making decisions or giving advice he does.

Please keep in mind that the alleged victim is an alleged victim of rape. If this case is heard by a jury, a jury is not going to take too kindly to a mean, nasty, aggressive attorney getting in her face. He's going to need to paint her as a liar without the jury turning against him or your fiance. It's quite a delicate balancing act.

One thing you can do, if you want to take the time, is contact a few other criminal defense attorneys in your area just for a one-hour consultation, to see if maybe one of them would take a different approach.

The "problem" with law is there are often no right or wrong answers, and the truth is often what a jury decides it is.

Am I helping? Is there anything else we should discuss? I'll be waiting.

Jane

Customer: replied 6 years ago.
I want to thank You, XXXXX XXXXX very kind trying to explain. I am attorney - but over in Europe and there the law is very different and I am maybe overreacting because there are many things here which seem to me totally oposite, they do not need evidence to hold somebody for months and months, just many things are way different.
This attorney took flat rate for the case 2,5 years ago. He is paid already. That is why I think I do most of his work on the case - well nobody forces me, but he would not do it.
The reason my fiance demanded the speedy trial is he does not want to continue to sit in jail, he is very honest man and he hopes for the truth to come out.
We cannot afford anybody else, my fiance lost everything during the time and I have nothing either, unfortunatelly. So we cannot get rid of him, we know this. Maybe You missed what i was asking in the end of my explanation - how the autorities will act or what exactly the law says what to do, if they find out - by themselves or somebody will worn them - that there is a open warrant in her name. Thank you so very much.
Expert:  Jane Doe Deer replied 6 years ago.
I'm sorry but don't understand that last question at the end of your last message.
Jane Doe Deer, Lawyer
Category: Criminal Law
Satisfied Customers: 3864
Experience: Atty for 24+ years; Plain English explanations
Jane Doe Deer and 7 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
OK - there is an open warrant for arrest on this lady in her state. What are the rules for authorities if they find out this fact. Does it somehow come up on the screen on the airport when she will check in?
If she gets down here - and somebody will tell the authorities about the warrant on her - what wil they do about it. What is their duty to do? And if she gets arrested, she cannot go on a witness stand, right?
Expert:  Jane Doe Deer replied 6 years ago.

With a warrant, the woman has to be found, of course. I don't know if it comes up when people go through security at airports - it should, but my guess is that the security people don't check for warrants.

If she's arrested she can still testify - sorry. All they have to do is transport her from the jail or prison.

 

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