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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 29567
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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Son and girlfriend were having a domestic argument when neighbor

Customer Question

son and girlfriend were having a domestic argument when neighbor called police. A report was done because it was at a condominium complex where he busted a door window which was replaced with in the same week. This was back in January last month my son received a sepenoe that neighbor filed assault charges against him when my son did not. Wouldn't they have arrested him then. The accuser lives up North and will not be at the hearing but the residents have been trying to find reason to get them kicked out of the home.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 2 years ago.

My name is ***** ***** I'd be happy to answer your questions today. I'm sorry to hear that this happened.
Police are not required to immediately arrest someone when there is a complaint about an assault or misdemeanor. They are allowed to send a summons and a notice of the charges at any time before the statute of limitations expires. The statute varies by state, but it's never less than one year. So, that unfortunately means he does have to respond to the subpoena and go to court.
The initial hearing is just an arraignment, where your son will go in, listen to the judge explain what he's accused of doing, and enter a plea. Usually, people plead not guilty at this hearing because it buys them time to get copies of all the evidence, hire a lawyer if they wish, and decide whether to go to trial or work out a plea. If your son cannot afford a lawyer, the judge can appoint one for him at no charge.
If you have any questions or concerns about what I've written, please reply so that I may address them. If I did not address the specific thing that you wanted to know, it may not have come across clearly to me, so please restate that question. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.