Okay I do not understant the following?: "However, the ability of State to prosecute and proceed to trial, depends entirely on the cooperation of each of you with them. The reason being is that you would need to appear at trial to testify and/or appear and cooperate at depositions. If this does not happen, the prosecutor will have a hard time proving their case beyond a reasonable doubt at trial and likely need to dismiss the charge." Does this mean that I we should go to each other's court date or does this mean that we should not appear at each other court date in which by us not apprearing that it would be thrown out. Also when we go to our scheduled court date what do we plea?? Also is their a possibly of maybe doing Mediation. I was told that maybe this could be work out before it goes to court.
Thank-You my final question is I understand what she was charge for but what exactly is criminal trespassing. We own the house in which the issue happen, how can this be criminal trespassing; also when I was in front of the pre court judge she said that I was charge with Theft by taken; even my discharge papers say Criminal Trespassing. How can this be if she was given back her phone and the phone never left the permissive/house ? Also what do we plea when the judge ask us. We do not understand pleas.
So in conclusion if we state not guilty then the state would have to prove that we are guilty in which we could go to trial. Or plea no contest/guilty in which they will give us a plea deal and it is up to us whether or not we take it. However in your opinion you feel that if we state not guilty and it goes to trial. Based upon the information and if she does not show up then it maybe thrown out and if I show up for her court date and state that she did not scratch me then hers could be thrown out.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).