How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Samuel II Your Own Question

Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21263
Experience:  Handle criminal matters in both state and federal courts.
Type Your Criminal Law Question Here...
Samuel II is online now
A new question is answered every 9 seconds

My daughter was randomly attacked at her place of work by a

Resolved Question:

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: 2 years ago.
Category: Criminal Law
Expert:  Samuel II replied 2 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 2 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 2 years ago.
Hi

Why do you say that.

A no Contest is a conviction.

Customer: replied 2 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 2 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


Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21263
Experience: Handle criminal matters in both state and federal courts.
Samuel II and 6 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.