Criminal Law Questions? Ask a Criminal Lawyer.
HelloWelcome and thank you for your questionI am an attorney with more than 25 years of experience and I look forward to providing you true and correct information in this regard.Please remember, I can only answer what you ask and so if you have follow up questions, please post them here for full and accurate information before rating. If there are no other questions in this regard then I thank you in advance for your positive ratingWow. I am sorry to hear of this situation for you and your family.1 - Do I need to have my own lawyer during our set court date/hearing? I was told by the magistrate that I don't have to since the state will be have prosecutors who will be pursuing this case.Answer:No. The District Attorney will handle this. They are representing you as a Victim in this matter. I suggest you can contact them sometime this week and ask to speak to someone in the Victim/Witness Unit.2. In the complaint form, it was only me who's the victim since I was the only who was physically hit. I was thinking if my wife (and daughter) should have been in it since, though they were not hit, they were distressed and threatened during those moments? I am really really much more concerned for my daughter, though she is trying not to show fear I know she was really terrified. Should I have a child counselor or child psychologist talk to her to make sure she is not haunted by this or affected in some other ways?Answer:I suggest having your daughter evaluated is something you want to discuss with the Victim/Witness coordinator because you do not want to do anything without them approving lest they say something you did messed up their ability to prosecute. I suggest they will say it is a good idea. But I cannot speak for them3. Since I have been told that he is also filing charges, what should I expect and prepare for?Answer:I suggest that the Magistragte will not issue a warrant for your arrest. It would be a Summons to court. And as such, you may want to consider having a medical report of some type if you can get to a hospital for evaluation of your phsical injury. Plus be sure to have your Father and wife ready to speak to the DA so any charges against you can be dropped. You will need a private attorney to Defend you against any charges that may develop against you. Photos of any injury to you is important. Also discuss the child evaluation with your local private attorney for a defense stradegy 4. While the state is pursuing this as a criminal case, is it worth pursuing this in a civil case? My injuries wasn't that bad according to the medical doctor that I went to(no broken bones only concussion and a swollen left shin) but the distress, fear and pyschological effects he did to my wife and specially to my daughter is really what is making me angry.Answer:I suggest you will want to pursue a civil matter. And you should consult with a local attorney in that regard no matter how minor your injury. You were minding your own business and attacked. Such a local attorney would do this on a contingency basis, meaning an agreed upon percentage of your settlement. But they will want to ascertain is this person has assets to collect upon once you win. 5. Since both me and the aggressor are customers in that storage facility, the likelyhood that we will see each is there. Most of the time, I have my wife and daughter with me when we take our stuff to and from our storage unit. Can I request from the court some protection in that regard? If yes, what is the right legal term for such so I can properly tell it to the state prosecutor? AnswerTell the DA's Victim/Witness coordinator that you fear for the safety and well being of yourself and family and request that there be a Restraining Order placed on him. That way, if you are at the facility at the same time he will have to leave or you can call the police and have him arrested. Be sure to keep such an Order on your person.
Thanks for the quick response. I just have a couple of follow up questions:
#4. At which time/point should I start pursuing the civil case? Is it contingent to the pending criminal case? If not, will it be better to wait for the outcome of the criminal case?
Since he is also filing his own complaint, Is my option to pursue a civil case against him limited or impaired by it?
#5 The request for restraining order against the aggressor, is it contingent to anything? Do I have to wait until the case is done? I am estimating that we will be at the storage facility more often these days as I have just gotten my unit two days ago and we still have a lot of stuff to take. I am really concerned about my safety and my family's safety.
Ok, thank again for responding so quickly. This is important to me and my family.
I am not a law person other than what I watch on TV so let me make sure I understood your answers here.
So is my understanding correct that I can start working on the civil case way ahead of our criminal court date? And that I have 5 years to pursue it but you are recommending to get it done sooner.
For the RO, is that something I can more likely get quickly based on my situation and if and when I get it, is it correct that you are suggesting to have it with me all the time? If yes, how about my family members, are they going to get it as well? Is it separate for each or is it all-inclusive for all of us?
HelloYes, I suggest you begin consulting with local civil attorneys to get the matter under way and you do not have to depend on a conviction for thatI also suggest you can see a RO now because you are fearful for your family and your wellbeing and safety. And is all inclusive to your family That will be a temporary measure, until a hearing and he can show cause why it should not be permanent. The Victim coordinator should be able to assist you with that process.
Alright, thank you so much!
I think I have all what I need to know for now in pursuing charges against this person.
I was reviewing my questions and your answers and I notice that on #2, you didn't one of the questions I have which is...
In the complaint form, it was only me who's the victim since I was the only who was physically hit. I was thinking if my wife (and daughter) should have been in it since, though they were not hit, they were distressed and threatened during those moments?
or should, at least, my wife filed a separate complaint?
OK, thanks for the quick response.
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