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P. Simmons
P. Simmons, Attorney
Category: General
Satisfied Customers: 32823
Experience:  45 years old, retired Marine Officer, current attorney
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I have an Assault and Battery charge for a little scuffel with

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I have an Assault and Battery charge for a little scuffel with my father in my house - where I ended up tearing his shirt. He originally pressed charges, no he has called the prosecutor and told her that he is not pressing the charges nor is he going to show up in court for the trial. he is also an out of state witness and my lawyer said that it is never that they get someone from out of state for trial in a misdemenour case like this. If he doesn't show up, and I can not face my accusor in trial- do they really stand a chance?
Submitted: 7 years ago.
Category: General
Expert:  P. Simmons replied 7 years ago.
Did you give a confession?

Are there any witnesses?
Customer: replied 7 years ago.

I only admitted to ripping his shirt, but did not give any further statements - no other witnesses. Only his statements at the time to the police. He has later called the officer and the DA and said he wishes to not press the charges and is not coming to court.


What are your thoughts? My lawyer knows the DA and thinks she will probably push this but doesn't think they can do much with out a witness.

Expert:  P. Simmons replied 7 years ago.
They can convict with your confession IF they have some other evidence to corroborate. IF there are no other witnesses and no other evidence, I agree that it will be difficult to impossible to convict...but the DA may be hoping that the victim will change his mind so you may have to wait for the court date to find out for sure.

Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.
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