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Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12479
Experience:  Attorney experienced in numerous areas of law.
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MY BOYFRIEND HAS BEEN ARRESTED FOR STALKING, BREAKING AND ENTERING

Resolved Question:

MY BOYFRIEND HAS BEEN ARRESTED FOR STALKING, BREAKING AND ENTERING AND 2 LESSER CHARGES, I AM THE VICTIM. THEY ARE SAYING HE COULD GET 20 YRS TO LIFE BECAUSE OF PREVIOUSLY BEING CONVICTED OF 3 OFFENSE DOMESTIC BATTERY AND WANTON ENDAGERMENT. BUT ALL THEY HAVE HIM ON IS VILOTATING THE RESTRAINING ORDER I HAD, COMING IN MY HOUSE WITH NO KEY AFTER RESTRAINING ORDER, HE THREATENED ME BUT NOT WITH PHYSICAL HARM JUST DOING DAMAGE TO MY HOUSE. I REALLY DONT WANT ANY PART OF HIM DOING 20 SOME YEARS. WHAT DO YOU THINK HIS CHANCES ARE AND DO I HAVE TO TESTIFY I REALLY DONT WANT THIS EXPERIENCE, I WANT PEACE AND A CLEAR CONCIENCE. WE LIVE IN WV, HE DID 48 MONTHS FOR HIS PREVIOUS CHARGES AND HAS BEEN FREE ABOUT 2 YRS.
Submitted: 5 years ago.
Category: Legal
Expert:  Brandon M. replied 5 years ago.
Hello there:

Without your cooperation, most of those charges would be difficult to prove and it would generally be very unlikely that he would get 20 year to life when you say that the only actual harm was violating a restraining order. I have no doubt that further time in custody is a very real possibility for him considering his history, but I am skeptical that he would face anywhere near the maximum. When he is assigned his attorney, you or an attorney on your behalf may contact that person to discuss your feelings in the case.

I hope that this helps you to understand the law in your situation. Let me know if I may be of further assistance. Thank you.
Customer: replied 5 years ago.
IS IT OK OR BETTER IF I IGNORE THE SUPENA AND HEARINGS AND OR TRIAL IF THERE IS ONE? I FEEL INCLINED TO JUST NOT SHOW UP BUT I DONT WANT TO GET IN TROUBLE MYSELF OR MAKE THINGS WORSE FOR HIM SINCE HE IS VERY VONERABLE BECAUSE OF HIS PAST.
Expert:  Brandon M. replied 5 years ago.
Ignoring a properly served subpoena constitutes criminal contempt of court; it will result in arrest, and a fine and possibly jail time. The only option for avoiding being summoned to a court hearing is to avoid being served the subpoena.
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