Criminal Law Questions? Ask a Criminal Lawyer.
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.
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