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LegalPro
LegalPro, Lawyer
Category: Criminal Law
Satisfied Customers: 589
Experience:  33 years legal experience. Former prosecutor.
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Ok i was charge with aggravated battery with a deadly weapon.

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Ok i was charge with aggravated battery with a deadly weapon. My x boy friend and i got into a physical fight where i had to defend my self. I called the police and and i got arrested. Not only that he was but still is on probation? I had a witness here at the time of the incedent, she's no where to be found. The state gave me a plea for 21 months in jail, i'm guessing court fee's ect. the 2nd time around they offered me no jail time 2 years probation, anger mang. classes, and drug class. Now the problem that i have is that The state cannot get a hold of my x, and my public defender cann't get a hold of the witness. Now i have both my feet stuck in one shoe. Today i had another plea offer of 12month probabtion, and some classes. which i don't need. I'm already a full time college student. I told them no! so they reset my court date, and aonther plea date. I also was told told if i was found guilty of the case i would end up doing 21months.

What's up with this case.What should i do?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  LegalPro replied 4 years ago.
Your x is probably an essential witness if your case goes to trial. 2 things could happen: 1) The x can't be found or 2) If found, he won't cooperate with the prosecution. That type thing happens all the time in cases such as you describe. The state has to level with you as to whether or not they can produce your x as a witness, because you may have the right to interview him (although possibly under controlled conditions). That is, they can't declare that your x is in-locatable then spring him on you at trial. I would have my attorney (since you have the public defender) make the following offer to the prosecutor: If the x can be located and produced as a cooperative witness, you will plead to a misdemeanor with probation, no additional jail time and no or minimal classes. If he can't be produced, you will stipulate probable cause for the charge in exchange for its dismissal. Please advise by reply if you would like the answer explained or clarified.
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Customer: replied 4 years ago.

ok, so basically if he is not there to testify on his part the case would probably be dismissed. On the other hand it's good to make the sugguestion to my public deffender, that if he is not found that i request all charges dropped?? Again what about about the the witness that was suppose to be on my side? and what about the plea hearing that i have for next month. See the state is trying to hard to pin that case on me, but the thing is the state only had one contact with him and haven't see or heard from him since.

All the information the state is sending him is comming to my home address, what about when they summon him?

Expert:  LegalPro replied 4 years ago.
If he can't be produced as a live witness, I would put the case's dismissal chances at about 100%. This is a domestic type case where the conviction rate is relatively low. If this is your first charge, you should not be subjected to a serious penalty unless the alleged victim remains prosecution oriented. If the state insists on a trial and can produce their victim-witness and you are in the process of locating your defense witness, the court may continue the trial and give you more time to locate and subpoena your witness. Even though there is a plea hearing set, you have no obligation to plead, and can always insist on a trial date where the state will have to produce their victim-witness. Please remain aware, however, that if your case does go to trial, you could be convicted of up to the highest penalty allowed by the statute under which you're charged. Please advise by reply if you would like the answer explained or clarified.
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Customer: replied 4 years ago.

ok so even when i go to my next plea hearing, if he is still no where to be found, by the trail court date what happens then? What do i need to tell my public defender? Or what should i do in that case?

Expert:  LegalPro replied 4 years ago.
If no plea agreement has been reached and the state is still unable to locate its prosecuting witness, there is a good likelihood that the state will offer or make a motion to dismiss the charge upon a stipulation of probable cause. If I were you, I would make no effort to locate nor make contact with the victim-witness as it may violate the terms of your bond, lead to some other charge, and serve to produce the state's witness for them. Be careful and let your attorney handle any communications with the victim, if he can even be located. Please advise by reply if you would like the answer explained or clarified.
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Customer: replied 4 years ago.

Right, thats what i needed to know. Last thing what is prosecution oriented? Also would i know that information during my plea hearing next month if he has or has not been located? Or would that be something i'll find out on the trail day? Also could the state go on with the case without him or the witness being there to testify in front of the jury. Anything i need to present to my public defender before my plea day or trail day.

Should i make that plea offer to him about stupulating probable cause or should i wait, for next month plea hearing. Hopefully this would be the last question.

Expert:  LegalPro replied 4 years ago.
Prosecution oriented means wishing to testify on be half of or being very cooperative with the state (meaning wishing or very willing to testify against you). He would have to personally appear at trial unless you agreed to allow him to testify by deposition, or a judge ordered him to testify by deposition (last 2 rare and unlikely) because you have the right to cross examine him. If the state can't produce their prosecuting witness you would likely know it prior to trial (usually your attorney will know this). Probable cause is something the state may ask you to stipulate if they are willing to drop the charge (meaning you won't sue just because you were charged).
Customer: replied 4 years ago.
Well i would like to sue too even if the charges where dropped because i am a medical student undergrad, never been in trouble before, where i'm competing with someone who has a 4 page record that i didn't know of. I really don't want to sue but i've lost alot and made major sacrifices. What do you think? Also am i being charged an hr. for this session or one time payment? for real last reply
Expert:  LegalPro replied 4 years ago.
You wouldn't have a real strong case if you did decide to sue, especially where you were charged by a grand jury. To have a legitimate claim for malicious prosecution, you would almost have to prove that the police and the state acted out of no other motivation than to cause you harm. Very very hard to prove, and I'll bet you could count on one hand successful malicious prosecution claims brought in the US in the last year. Please advise by reply if you would like the answer explained or clarified.
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Customer: replied 4 years ago.
Thank you very much you've really helped me relaxed alittle bit. I really appreciate the advise. Thank you again.......
Expert:  LegalPro replied 4 years ago.
You are quite welcome - I wish you the best. Please advise by reply if you would like the answer explained or clarified.
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Your positive feedback and bonuses are appreciated.
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LegalPro, Lawyer
Category: Criminal Law
Satisfied Customers: 589
Experience: 33 years legal experience. Former prosecutor.
LegalPro and 7 other Criminal Law Specialists are ready to help you

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