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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 110345
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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We have two court dates 4/12/2016 is when he filed

Customer Question

We have two court dates 4/12/2016 is when he filed for the motion and the other court date is 4/14/2016 my attorney just told me about the 04/14/2016 that is to be for the plea deal, we have not done any deposition or have the case ready?
Now writing to the Judge and asking her for Help that is not a good thing to do?
He has injured me several times, which I have proof , the last incident is when he finally got caught, He stole surgical instruments from the doctor he worked part time, and on that day he went for it he had it hidden and cut me 23 times.
You are stating that I cannot stop him from creating false allegations , falsifying my signature? I cannot do anything to Stop this man ?? Who is the Victim? He has lied to the police, to the Judge and to several entities ?? Can I obtain a Civil Attorney and Sue Him ??
It seems that there has to be a way to stop him, He is not the Victim.
Submitted: 6 months ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please do not forget to leave positive feedback on your other open questions, as the experts are not employees of this site and as such get no credit for spending time with you unless you leave positive feedback. Thank you for understanding.
Writing to the judge is not going to even be read, because the judge cannot have ex parte communication with you. You need to go through your attorney with all communications and any such communication with the court must be in the form of a motion with copies sent to all parties.
If he is getting a plea deal, no depositions are needed. That is up to the state attorney.
If this person has done what you claim, he is a psycho and needs more than jail time. However, there are two distinct and separate cases and issues here and it seems you are misunderstanding what was told to you. First, the criminal case, which is where the psycho is allowed to present his alleged defense and many times these creeps do raise false allegations and when they do so, you cannot sue for defamation, BUT THERE IS A CIVIL SUIT YOU CAN BRING, it is separate from the criminal case. This is why you need to give the evidence of the lies to the state attorney first and foremost and you need to disprove them in the criminal case if it goes to trial or he needs to be convicted before you can take any other actions. The state attorney can look at additional charges of forgery and perjury against him as well for signing your name to documents.
Second component here is the civil suit, which you can file after the criminal case and this is where you can seek damages and penalties for him making false allegations against you and committing perjury and abusing the legal process and also for the injuries you suffered and the emotional damage.
So you are the victim and you do have recourse in the form of a civil suit, but you need to get the criminal case done first and have him convicted or plead guilty and then you can pursue your pound of flesh through money damages in a civil suit.
Customer: replied 6 months ago.
Thank you, ***** ***** I am extremely afraid of this un human malicious man. Let me see if I understood you correctly, his defence is creating all this stupid lies, because I can disprove them in an instant. What can he possible state in his defence ? What defense could he possibly state? He knows I am able to prove his lies. Have you ever been in case such as this??
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.
Most defendants can only defend themselves by "stupid lies" and malicious slanderous claims against the victim to try to defend their own wrong acts. That is common in these cases. You would have to go through this emotional abuse and then pursue him in civil court for the malicious and intentional lies and seek damages. So you can sue in civil court for the emotional distress and harm caused by his false statements as well as any injuries he caused you, that is your recourse in this type of matter.

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