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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 16240
Experience:  7+ years defending Misdemeanor and Felony cases.
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I was charged back on dec 26th with assualt on female charge

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I was charged back on dec 26th with assualt on female charge -- non-aggr force. long story short...my ex got into y house while i was not there, I come home and go in and she is breaking things. I tell her to get out several times...while she is still in a violent mode and she wouldnt leave...I grabbed here by the arm and took her out the front door. 2 hours later I am serving 48 hours in jail, NC law for domestic violence. Off ccourse , since then I have a lawyer. I have never been in this situation before and it still freaks me out and I cannot afford to go back to jail I have no record at all. I hear nothing from my lawyer other than he asks me if the ex is ready to tell the truth. Which, by the way, she has admitted to me that she will do whatever she has to make this go away. she said it was all her fault this happened. I reached out to my lawyer today for thefirst time since January to see how things are going and he doesnt tell me anything. Just keeps asking if shes ready to tell the truth. I guess my question is....is this normal....shouldnt he be working on this casea and tyring to help me??? i cannot go in jail again or my life and career are pretty much over
Submitted: 1 year ago.
Category: Criminal Law
Expert:  CrimDefense replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good evening. I certainly understand your situation and concern. Your attorney should be working on the case and should have made a demand for discovery. Doing this, would require the State to turn over all the evidence which they have and will be using against you, at trial. Your attorney can then decide if there are any defenses to raise or motions that can be filed and used in your case. Of course, the most important thing is a case like yours, is the cooperation of the "victim" in the case. If your ex fails to speak with the State, fails to cooperate and fails to appear at trial, they may have no other choice but to drop/dismiss the charge against you. The reason being, is without a victim to testify against you, there would be nobody to dispute your testimony. As such, the State should not be proceeding in bad faith and lacking the ability to prove the charge against you, beyond a reasonable doubt. The crime itself is against the State of North Carolina, with your ex being the victim. The State represents her legal interest. While she may tell them she does not want to proceed, the final decision is always up to them. Like I stated above, this depends on her cooperation. Based upon the response you are receiving from your attorney, he is hoping that if she were to testify, it would be to something contrary to what was previously alleged and that would contradict the report, thus, being favorable to you.

Please let me know if you have any follow up questions or need any clarification on something which I stated above, prior to rating me. Also, please remember to rate my service with 3, 4, or 5 faces/stars, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two faces/stars on the left, please STOP and reply to me via the "REPLY TO EXPERT or CONTINUE CONVERSATION "button. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Customer: replied 1 year ago.

Thanks so much!! What is some questions I could ask my lawyer and sound somewhat like I know what I am talking about...lol? Obviously, you cannot foresee the future...but considering is my first arrest on anything, if for some reason I am charged what is the punishment for something like this

Expert:  CrimDefense replied 1 year ago.
Kevin, you are welcome. You want to ask your attorney what his plan of attack is and how he intends to defend the case. You are paying him and he should have answers for you. When he asks you if " she is ready to tell the truth?", ask him exactly what he means. You can advise him that she wants this to all go away and ask him how he wants to proceed and if there is anything you can do at this time, to help. While this is something which is punishable by jail, based upon the facts which you stated above, it is not likely. If anything, the court may impose a probationary sentence, along with fines, court costs and possible some type of anger management classes. Moreover, depending on how things proceed, the State may be willing to amend the charge, if a plea is taken, to a lesser offense.
Customer: replied 1 year ago.

This will be first court appearance other than when I had my bind set, You what actually is the is court date? a trial? hearing? again forgive the ignorance, but i am not a criminal so i have never done this before

Expert:  CrimDefense replied 1 year ago.
If this is your first court appearance, it could likely be your arraignment. If it is, the Judge is going to read the charges against you and ask that your attorney enter a plea, on your behalf. He will likely enter a plea of not guilty and the Judge will give you another court date to return. If you have already been arraigned, then this is just a hearing, where the Judge is going to want to know the status of the case and where the case is going ( i.e. trial or a plea). If your attorney needs more time to work on the case, he can advise the Judge of such or if he is ready to go to trial, can ask that it be set.
Customer: replied 1 year ago.

I am so sorry for all the questions, I know I shoudl be asking my lawyer this stuff but he seems to get frustrated when I do. Whatis my best option here. Like I said, my ex, who we are friends, has repeatedly said she wants this to all go away and np drama. two days after I got out of jail she cried to me that it was all her doing, she shouldn't have done what she did by coming to my place....etc


 


and yes...first court appearance . not ev sure I had an arraignment>> i went through the booikbg process...a lady behind a door, that I guess was a magistrate, gave me paperwork stating I had no bond set and then went to jail of 48 hours. the 2nd day, walked in front of a judge...he stated my court date and then told me bond was set at $5000. I was in the courtroom maybe a total of 45 secs

Expert:  CrimDefense replied 1 year ago.
No problem. I am here to help. When we are done, just please remember to rate my help with 3, ,4 or 5 faces, so I can get credit for my answers. Something to be aware of, is to make sure that there is not a No Contact order in place, preventing you from speaking with her. Often times, these are imposed in DV cases, so I would hate for you to get in more trouble, if the court was the find out or if she were to report this to the police or prosecutor. Based upon what you just said, it is likely to be your arraignment. Since you are represented by an attorney, you should ask him if you need to appear or if he will waive your appearance, appear on your behalf and enter the plea himself. Of course, if the Judge ordered you to be present along with him, you need to be. It is not likely anything will happen at this hearing. The State may even make a plea offer for you to consider.
Customer: replied 1 year ago.

How do I know if there is a no contact order? would I know this by now ?


 


and I will rate you for sure

Expert:  CrimDefense replied 1 year ago.
Yes, the Judge would have informed you of this and you would have received paper work. This would be another question to ask your attorney, so you are on the safe side. This may be something that is even brought up and briefly addressed at your hearing, with the Judge informing you to not have any contact with the victim.
Customer: replied 1 year ago.

So I would have definitely received paperwork for such a thing...correct?


 


Shes the one reached out to me two days after I git out of jail

Expert:  CrimDefense replied 1 year ago.
Yes, you would have needed to be placed on notice, that you are not allowed to contact her. If not, the order would have no legal effect.
Customer: replied 1 year ago.

well I have not received anything from the state other than a piece of paper saying court is April 12th and that's it.


 


Anything else that pops in your mind that I should be aware of nd I am going to try and get an appointment with my lawyer tomorrow

Expert:  CrimDefense replied 1 year ago.
Just remember that you are paying your attorney. He needs to communicate with you and keep you up to date, on the status of the case. If he does not have answers for you and you do not feel comfortable using him, you could always fire him and retain new counsel.
Customer: replied 1 year ago.

Good point. Juts seems the more I ask him he gets pissed off. we'll try it again tomorrow


 


thanks again and sorry to waste your time

Expert:  CrimDefense replied 1 year ago.
You did not waste my time at all and you are welcome. Thank you and best of luck.
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 16240
Experience: 7+ years defending Misdemeanor and Felony cases.
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