I am due to appear in court tomorrow for MITT, but there has been a subsequent assault case against me (which my girlfriend is trying to get withdrawn). The police have said that they are waiting for me to appear in court so that they can arrest me (the prosecutor doesn't want to withdraw the case based on the plaintiffs request) and are going to make my life hell. What do I do? What can I do?
Province: Western Cape
To withdraw the assault case.
Good day. This is an info request to assist you better. Please continue on this thread.MITT?
This is actually a domestic issue. Malicious damage to property is the case to which the accused has been found guilty (he told the court he is pleading guilty so that he doesnt have to await trial in jail). The court ordered a social worker report and more recently a corrections report - obviously looking at rehabilitation.
In the interim the accused was fed false information by ex-girlfiriends, daughter, etc (motives: jealousy, theft) in a conspiracy and accused attacked existing girlfriend based on this false information.
Existing girlfriend understands what has happened now and the couple want to rehabilitate, but prosecution refuses to withdraw assault charge. Police lied to complainant and said case would be withdrawn but were stalling so that they can arrest accused.
Accused will thus appear in court tomorrow and be arrested.
Are you represented by an attorney?
Get representation. There is no reason why they cannot continue to a bail hearing immediately after they arrest you in court, since all of your details has probably been confirmed on the previous charge. An attorney will know what to do to make that happen, whereas you might have some difficulty. Remember that a crime is a crime against the general public and not against a person in particular as far as the law is concerned. The Prosecuting Authority is tasked with protecting the public against criminals and, as such, it is their prerogative whether they want to withdraw a charge or not, and not the prerogative of the victim of the crime.
L.LB, Civil and criminal litigation, contracts, labour and family law
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