My boyfriend n I got into a fight and my mother called the cops. she wasn't even there I was txtin her what was going on. long story short my bf ended up with 3 felony charges against me for assault criminal threatening and another charge I cNt think of at the moment. I went to da and tried to tell her he didn't do any of those things all that happened was some things got broken. but he has 1 prior domestic and 3 assaults 1 or 2 I think are aggravated but they weren't domestic so because of his history is the reason he got felonies. what can I do to help him? Can I talk to tje judge? n how long found he be facing for 3 class c dv felonies in Maine?
State/Country relating to question: Maine
Talking to da
Hi,My name is XXXXX XXXXX X'd be happy to answer your questions today. I'm sorry to hear that this happened.If the case goes to trial, you'll be able to testify and tell your side of your story. That is the opportunity to talk to the judge. Before that, you can talk to the DA and tell her what actually happened. Unfortunately, there is no way you can make the DA drop the charges - it is so common for victims to recant their testimony in Domestic Violence cases that the law allows the DA to proceed even if the alleged victim says that nothing happened. You can also try to talk to his defense attorney and he'll give you specific information about the best way to help, based on the specific facts of the case.In Maine, a Class C Felony is punishable by up to five years imprisonment, fines of up to $5,000, or both. Maine Stat., Title 17-A, Sections 1252 and 1301.However, based on his prior record, it's possible that the crime could be adjusted to a Class B felony (it's hard to say, since you're not exactly sure what his prior convictions are). The statute states that the crime is elevated if the person has two or more prior convictions for a "substantially similar crime." I don't know if that's the case. The punishment for a Class B felony is up to 10 years imprisonment, fines of up to $20,000 or both. If he's convicted of three counts at once, those aren't "prior" convictions for the purpose of increasing the sentence. The judge has discretion to order the sentenced to run consecutively or concurrently, but he would likely spend at least a year in jail if convicted.Good luck.
Thank you for your help. My boyfriend Jason since talked to his lawyer and his lawyer says. That if I don't show up if subpeonad I might catch a charge but quite possibly the charges will b dismissed. Or.if I do go I plead the fifth. He's hoping to get the assault dropped since he never touched me n just get the criminal threatening. N hopefully have it dropped down. How likely do you think it is that if I don't show that hell have the assault dismissed?
Your boyfriend's lawyer has your boyfriend's best interests at heart - not yours. I cannot advise you to do something that could have you held in contempt of court, which is a crime.It is so very, very common for victims of domestic violence to change their minds, usually do to intimidation or pressure by the defendant that, even if you refuse to appear, it's possible the case will proceed without you. If the DA can convince the judge that it's your boyfriend's fault that you're not there, they'll be able to introduce all of the statements you made to police and/or your mother. Your mother will be able to testify as to why she called the police, and the police will testify as to what they saw/heard at the time of the offense.I can't really evaluate the case, because I can't see all of the evidence. It's possible they have absolutely nothing besides your testimony. But, if there is other evidence, they can proceed without you (and they'll use your text messages), and you could get in trouble for willfully ignoring a court's order.
I'm really not concerned with catching a charge for not going. N I went n talked to through das victims advocate n told her he didn't do anything to assault me just threw things n whatnot n that if I had to go to court I woild testify on his behalf or.not go at all and I did this days after he got arrested so the da will have a hard time trying to convince the judge that he coerced me into fnot going since that's not the case. And so if I did go to his hearing and just plead the fifth could that help or would it be more beneficial to him if I didn't go? I know u don't want to advise me to break the law by not going but say hypothetically would I be more helpful 2 my boyfriend to just go and plead the fifth or not go at all. I'm just terrified he's gonna get a few yrs for an assault against me that didn't happen. N I told the cops that he didn't assault but because of his history of assaults they want him gone. They even lied to me n told me he had multiple domestics some involved knives n come to find out he got arrested for a dv charge in 98 and it was dismissed. Seems they just want him off the streets because of his past. But sorry to get side tracked. If you could legged me know which would be more helpful I'd appreciate it. Thank you
You cannot invoke the FIfth Amendment to avoid testifying, because the Fifth amendment is only a privilege against incriminating yourself. It does not allow a person to avoid testifying against a third party.
Ok. I know what I need to do now. Thank you for your time and advice.
You're welcome. Good luck with everything.
I have another question. What would I get 4 a charge if I went and said that I lied about a report? I'm not saying I did or didn't. Was just wondering what would happen if I said I did. I'm not a felon never really been in trouble if that matters 4 nething.
I'm confused - in the original question, you said it was your mother who filed the police report, not you. Are you talking about a different situation? If so, I have to ask you to open a new question for tracking purposes. If you're talking about the same situation, can you just clarify? What report could you potentially have lied about?
Well that's just the thing. Idk. I'm not the 1 who called and reported it I didn't write a statement I didn't fill out any of the domestic violence paperwork I told the cops We had been fighting and that things got broke and what was said that's y Idk y he was charged with the assault to begin with. Actually I stressed the fact that he had never gotten physical because I knew his history with assaults (no prior dv charges). N I know that u can't advise me to do nething to break the law. It was just suggested that if I were to go and say that what I did say was a lie then everything might get dismissed. Idk I've never been in this situation I've never been in any situation where I've needed a lawyer or anything. I was just wondering what would happen to me If I did do that? Again, I'm not stating now that I did or didn't lie or even that this is what will happen, but was just curious as to how it would work out for me if that was what I decided to do.
I was also wondering if it was even a possibility that it be dismissed at this point. I thought originally he had a prior domestic but he doesn't. Idk. This situation has gotten me all messed up. Sorry for not being as clear as I should be.
I don't know exactly where in the process the case is, so it's hard to say whether there is any likelihood that it will be dismissed. The DA almost never drops these cases when the victim requests it, as a matter of public policy. I would be very surprise if the DA dismissed the charges of his own volition. Your boyfriend's lawyer can file a Motion to Dismiss, if there is a basis for that, but Motions to Dismiss are typically based on things like there's no evidence that the crime was committed, someone else confessed, new evidence was discovered showing that the person was innocent, or there was some mistake in the process, such as an illegal search or arrest, that means that dismissal is appropriate. There is nothing you have said to make me think that any of those is likely, but I don't have all the facts of the case.I sincerely XXXXX XXXXX DA would dismiss the case if you told her that you lied. This is partially because you were not the one who filed the initial police report, and partially because it is extremely common for victims of domestic violence to change stories. So common, in fact, that if the tell the DA that you lied, she probably won't believe you. Either way, in Maine, filing a false police report is a Class D crime, which means that it's punishable by a fine of up to $2,000 and up to a year in jail. Me. Stat., Title 17-A, Section 509
Ok. I kind of figured that the answer would be along those lines. you have been very helpful. Thank you again.
You're welcome. I hope it all works out for you. Good luck.
Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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