If a domestic violence charge was remanded to the file because the witness did not show up, can the same charge be brought against the defendant again?
State/Country relating to question: Mississippi
It is my understanding that the officers who came to the call, are the ones who actually filed the charges. They were in court, but the victim was not.
Did the prosecutor ask for a continuance?
Was a jury selected or any witnesses called?
It was a misdemenor charge, so there was no jury. The witness was the victim, who did not show up. No continuance was asked for.
Did the judge dismiss the case? What happened when the witness did not show up?
The judgment reads "remanded to file". The victim could not show up due to the fact that she had no one to watch her 2 year old. She was suppose to drop the child off at day care, but the
If something is remanded to the file, can the victim go back to the court and bring the charges up again
"remanded to file" does not necessarily mean that charges were dropped. It just means that the case was sent back to the agency that filed it. While that specific case is dropped, they can refile.
The defendent told the victim that if she would not show up to court, that he would agree to a divorce and have his lawyer draw up the paperwork, which is the victims ulimate goal. It is an abusive situation. If he does not hold up his end of the bargin can the victim bring the same domestic violence charge back again?
Yes, but the fact that the victim was willing to not pursue the charges to gain a benefit in the divorce proceedings will make the victim a less credible witness, and may ultimately lose the case.
Either domestic violence was committed or it wasn't.
It it was, it should be prosecuted.
It was domestic violence, but the victim is so anxious to get out of the situation, that she agreed to no show up. I am her friend and trying to help her. She has no money for a lawyer. I am very angry that she made this decision. She had him...now I think she is screwed. Thanks for your help.
Glad to help. I hope things work out.
If there isn't anything else I can do for you, please click ACCEPT. Good luck.
Experienced in state and federal criminal litigation.
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