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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16816
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My daughter has been in a relationship with this "character"

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My daughter has been in a relationship with this "character" he being 46, she being 26 years of age, for over a year.
They just had an incident happen where he was arrested for CDV, against her. She now tells me that he did not commit the assult towards her. Well, I have found out differently, and do not belive her, either. He has a "surety bond", set in the amount to exceed $5000.00. The date of the assult was early morning January 1, 2013. He is in our city jail, waiting, as I understand to be transferred to J.Rueben Long Detention Center, in Conway, SC, again as I understand until his trial date.
She has just now gone down to the court house today, to try to talk with the officer who she gave the statement to, to tell him that she lied about the assult. I cannot see how they will just let him out of jail. He has been in and out of jail and has an arrest record "a mile long". Is there a chance he has been let out of jail, with her cdoing this?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hello,

I am sorry to hear about this story, but at least you can be sure that she will almost certainly NOT be able to get out of jail. In the first place, once the case has been filed with the court, the matter is outside of the hands of the police. They will hear her story, probably shrug and send her away. It is not in their power to do anything at this point.

And frankly, domestic violence cases are such hot potatoes because of DV being in the limelight that even if she went to the prosecutor and tried to tell this story to them (for which they could arrest her for filing a false report if they chose), no prosecutor is going to drop this anyway. He will send her home with a stern warning that once a case has been filed it belongs to the state and not the complainant and that they have the right to continue to prosecute no matter what the wishes of the complainant.

On his court date, of course, if his defense lawyer knows that your daughter is trying to drop charges, he will make much of that fact in order to try to get his client released on his own recognizance or to get bail set in an amount that the defendant can make. But here too, judges are very careful with DV cases, particularly if the defendant has a record and anything in that record shows a propensity to violence.
Customer: replied 1 year ago.

Just a clarification; he is the one in jail not her.


Can I go to the trial when that day comes. She will most likely say it didn't happen. I know more of their lives together, and so do others. For example she protects him from the assults, such as that same evening he beat her with a studded belt. I have to let them know this. This guy cannot be let out, he will eventually kill her, I believe.


What should I do with more information that I know about him?

Expert:  Zoey_ JD replied 1 year ago.
Yes, I saw that. The first pronoun reference was a mistake, but if you read the rest of it you will see that I understand that he is in and she is out and that she is the complainant and he is the defendant.

I apologize for any unintended confusion.

If you have information that you feel will help the state, you can call up the prosecutor's office and ask who the assistant prosecutor is who is handling the case against the boyfriend. You can tell the prosecutor what you know and that you would be willing to testify at trial to that extent, (if in fact you are). Hearsay is not admissible at trial, so if you never saw any of the abuse or the results of any abuse there is nothing you are going to be able to testify to at trial. You may also find that the prosecutor may refuse to talk to you about the case to any appreciable extent.

But that is the way you would attempt to make the state to understand the magnitude of the situation.
Customer: replied 1 year ago.


Well after all what I read with some research on the internet, and what you have stated here, I thought re-a sured that he was going to remain in jail for quite some time.


But that answer came to be un-true! He was released tonight!


Even after the "surety" bond that no-one posted! All my daughter had to do, as I explained, was go there and tell them that he was innocent, they let him go! His name isXXXXX 0707/66 DOB, he was arrested 01/01/2013 on CDV charge. So no I am not satisfied.

Expert:  Zoey_ JD replied 1 year ago.

Hello,

I'm simply amazed. I've never seen that happen. The contrary is usually true, as I have already explained.

I don't know what the rationale was for his release. It is typical that complainants change their mind about prosecuting, which is why the State usually waits to ensure that a complainant isn't at risk before reducing or dropping charges or lifting a protective order. I can only assume, and I will certainly never know, that something had to have been wrong with this case in the first place and that the police were on the fence about it.

You certainly don't have to be satisfied with my answer. I do not know what the police knew, and I cannot predict the future. There are exceptions to all situations, however. This, unfortunately, was one of them. I wish you and your daughter good luck.

Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16816
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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