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.
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