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An individual has been booked with a 2nd Degree Battery Charge, 7-3-12 @ 0430hrs. The bond was set at $50,000. Presently he is still incarcirated. I am his brother, as well as the brother of the victim. Since 7-4-12, the Lawyer of the Incarcirated individual has contacted me on the following occasions: 7-3-12 @ 1645hrs, 7-3-12 @ 1655hrs, 7-4-12 @ 0954hrs, 7-4-12 @ 0956hrs, & 7-5-12 @ 1402hrs. He attamently attempted to get me to answer/confirm "Partially Fabricated" statements of validility, questioned me with several different Questions, all of which were rearranged to appear as different questions, in order to bait me into answering them different, in turn ruining my credibility as a witness against his client. The Final conversation, occuring on 7-5-12 @ 1402hrs lasted (7 minutes & 14 seconds) in reference to getting the Bond Dropped in order for his client to make bond. During this conversation, i was asked if i could gather the Victim, his Mother, and I to partake in a round table discussion in hoped that all would agree to the proposed reduiction of Bond. The response I gave was very simple, "NO", it will not occur, the victim is still tramatized and is currently undergoing his (2nd) CT Scan. In closing, my question(s) partains to the legalitly referencing the "Harrasment" style phone calls, (when my name is XXXXX XXXXX in the victim's police report confiming the accuracy of the Document in favor of the Victim.) Also, can the Incarcirated Individual and his Legal Representitive organize a meeting to be scheduled and carried out with the Distric Attorny without consent, contact, or notification of the Victim being afforded the oppurtunity to be present with his Legal Team in order to rebuttle and /or be allowed to justify the relevance behing the original bond, as well as rebuttle the Ddefense's attempt to reduce the bond with solid eveidance of the victim's current and future scheduled appointments with carious specialist, which in turn elevate the current charges, pending the medical findings resulting directly from the Incarcertated's actions' in which lead to the immediate detainment and booking?Thanks,Reggie L. Harrington
Optional Information: Country relating to Question: United States State (if USA): Louisiana Already Tried: This would be the 1st attempt seeking legal advise concerning the Question's submitted.
Hello,Thank you for using JA..In closing, my question(s) partains to the legalitly referencing the "Harrasment" style phone calls,.Since the attorney has a valid reason for contacting you regarding the status of his client, it would not likely be considered Harassment. However, you can simply notify the attorney that you do not wish to be contacted by him unless it is through a legal order of the court..Also, can the Incarcirated Individual and his Legal Representitive organize a meeting to be scheduled and carried out with the Distric Attorny without consent, contact, or notification of the Victim being afforded the oppurtunity to be present with his Legal Team in order to rebuttle and /or be allowed to justify the relevance behing the original bond, as well as rebuttle the Ddefense's attempt to reduce the bond with solid eveidance of the victim's current and future scheduled appointments with carious specialist, which in turn elevate the current charges, pending the medical findings resulting directly from the Incarcertated's actions' in which lead to the immediate detainment and booking?.In short, yes, the Defense Attorney is free to meet with the prosecutor to discuss the case and attempt to negotiate some type of deal without the presence of the victim or witnesses. But the prosecutor won't meet with the defendant personally, only the attorney. The only time the victim or witnesses are required to be present is at any trial. .However the victim and witnesses can contact the prosecutor and tell them that they strongly object to the lowering of any bond based on the severity of the attack and the extreme fear that the victim has of the defendant. Prosecutors aren't known for voluntarily agreeing to lower bonds and will usually strenuously object to any reduction in a violent case with injuries. But the final decision is made by the judge as to any bond reduction and even if the prosecutor and defense agree, the judge can still refuse to lower it if he feels the defendant is a threat or a flight risk..So the best way to ensure any bond is not lowered is to contact the prosecutor and let him know of your concerns and that multiple family members, including the victim are absolutely opposed to any bond reduction..
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Thanks.
Barrister
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Mr. Barrister,
Thanks for the timely response. please humor me in order to further explain the occurance. My eldest brother, 37 (booked @ 50K) barged into my father and mother's home (in which the Victim, also my older brother, 32 at 0015hrs and commenced with the assult. The Victim finally broke free from the home and ran to my home (65 yards South.)
Banging on my door begging for help @ 0030hrs. i then pulled him into my home to ensure his safety. the Assulter's lawyer stated to me during one if the phone conversation's that his client only "Back-Handed" the Victim Once. i did not entertain this remark due to my lack of legal ramifications if i were to state other wise. i transported the Deputies directly to the Assulter (who was detained immediately, then proceeded to the Emergeny Room with the Victim. During the examination, deputies arrived to conduct their Police Report. i was asked by the deputy to read over the synopsis written by the victim, and sign reflecting 100% accuracy ensureing no fabricated statements were made. Upon completion of the report, the deputiy was updated of the booking for 2nd Degree Battery.
If you could briefly educate me regarding the differences in the Degree Scale and how they are determined.
One would assume simple battery would have sufficed, although the record shows that to be lackluster.
If the bond wereto be lowered would the Charge also reflect the bond and be lowered as well?
The degrees of battery are based on the injuries the victim sustains and whether there was any type of weapon used..Under LA law:.
§35. Simple battery
Simple battery is a battery committed without the consent of the victim.
Whoever commits a simple battery shall be fined not more than one thousand dollars or imprisoned for not more than six months, or both.
§34.1. Second degree battery
Second degree battery is a battery committed without the consent of the victim when the offender intentionally inflicts serious bodily injury.
For purposes of this article, serious bodily injury means bodily injury which involves unconsciousness, extreme physical pain or protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty, or a substantial risk of death. Whoever commits the crime of second degree battery shall be fined not more than two thousand dollars or imprisoned, with or without hard labor, for not more than five years, or both.
§34.7. Aggravated second degree battery
A.(1) Aggravated second degree battery is a battery committed with a dangerous weapon when the offender intentionally inflicts serious bodily injury.
(2) For purposes of this Section, "serious bodily injury" means bodily injury which involves unconsciousness, extreme physical pain or protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty, or a substantial risk of death.
B. Whoever commits the crime of aggravated second degree battery shall be fined not more than ten thousand dollars or imprisoned, with or without hard labor, for not more than fifteen years, or both.
Please be aware that I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, please do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.
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