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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27009
Experience:  Handle criminal matters in both state and federal courts.
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My daughter was randomly attacked at her place of work by a

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My daughter was randomly attacked at her place of work by a co-worker's ex-boyfriend's cousin who came into the store looking for the co-worker to beat up. My daughter had never seen this woman before. The attacker could not find the co-worker. Instead she jumped over the counter, threw my daughter to the graound and smashed her head in and ripped out her earrings. My daughter filed charges. The police brought her and a witness into the station. They decided to file charges for a "simple assault." The attacker decided to plead not guilty. The state attorney's office was going to proceed with a trial. My daughter found out just today that there was a pretrial hearing in which the attacker changed her plea to no contest. The public defender and sa accepted that, fined her court costs and no contact with my daughter. They also got rid of any charges on record. We are quite upset with this outcome. She nor the witness were ever contacted by the sa office as to what she wanted or any medical reimbursement. Once again, the victim did not get any representation. We have outstanding medical bills totaling more than $800. She lost wages because she could not work with a tramatic brain injury and sprained neck and she had to drop out of summer school. Do we have any legal course of action we can proceed with. This incident took place in Newport, RI
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Samuel II replied 5 years ago.
Hi

I am sorry to hear your daughter has encountered this attacker.

Unfortunately, the SA has the discretion to prosecute, take pleas or not. It is most unfortunate that your daughter, as a victim, was not contacted or advised of what was going on. While it is not mandated, it certainly is good practice for a crime fighter who holds elected office.

Now, when you say the "SA" I am sure you mean an assistant "SA". I suggest you will want to contact the office and have a face to face with "THE" State's Attorney.

It is very possible he/she was unaware of what the assistant did. Not that it was not legal, but certainly not in good form

As to your daughter's injuries, you will need to file a civil lawsuit against the offender. It is hard to imagine that no consideration was given as to her injuries for restitution. But had the SA had the restitution ordered you may have been barred from the civil remedy.

I am sure that you will want to try to get more than just the current medical bills.

This is why I suggest your next step, after talking to the SA, will be to consult with a local attorney to discuss a civil case against the offender


Customer: replied 5 years ago.

This incident will never show up on the attacker's record. Can we still proceed with a civil suit

Expert:  Samuel II replied 5 years ago.
Hi

Why do you say that.

A no Contest is a conviction.

Customer: replied 5 years ago.
Not sure if the response went through- part of the deal was that this convction of No contest is going to never show up as being on her record.
Expert:  Samuel II replied 5 years ago.
Hi

Travesty. I have never heard of such a thing.

At any rate, yes, you can still file the civil suit. Her No Contest will be on the court docket entries. There is no way to keep track. She was fined, there is a restraining Order.

And, also, you consider telling the State's Attorney that you are considering going to the press with this matter because while they have a discretion to prosecute, it seems to you that the office if not in the business of protecting innocent victims


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