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Recent Witness Intimidation questions

My ex girlfriend had filed a restraining order against me on

My ex girlfriend had filed a restraining order against me on 4/28/2015, which was partially granted. After I was served the temporary restraining order, I contacted her allegedly once over email to try and reconcile. She took that and went to the PD and filed a complaint against me. During the next family court date on 6/15/2015, we entered into a Non-CLETS no contact civil order and the fact that I allegedly violated the restraining order once wasn't brought up in front of the judge. It has been 6 months since the judgement was stipulated and I haven't contacted her again. However, I conducted a background check on myself and saw that an arrest warrant has been issued against me around two months back. I went to the Sheriff's office and got the case calendared. According to the warrant, I have 2 counts of misdemeanors against me: 1) PC 136.1 (B): Persuade a witness not to file complaint 2) PC 273.6 (A): Violation of protective order. I picked up the police reports and DA's complaint and saw that the cops had contacted her on 8/12/15 and she said that she doesn't want to move forward with the prosecution anymore since I haven't contacted her again. My questions: 1) will the DA dismiss the case against me since my ex-gf doesn't want to have me prosecuted? 2) if the DA doesn't dismiss the case, what kind of result am I looking at? PS: I am here on a H1B work visa and moved to the US on 2/1/2014.

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Zoey_ JD

Doctoral Degree

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How does the statute of limitations work like

How does the statute of limitations work for something like witness intimidation? I have a case that was all done in 2010. Sentenced an everything. Now the county charged me with witness intimidation in2014. Can they do this or is this even legal?

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Zoey_ JD

Doctoral Degree

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During an ACS Investigation i requested of My wife during a

During an ACS Investigation i requested of My wife during a custody hearing (for educational neglect of her children , one of which is mine), my stepdaughter falsely reported to ACS workers that she was is a consentual sexual relationship with me and thisis the reason why she was so depressed she did not go to school. I then became the perpetuator in the investigation that I requested in order to gain custody of my child. I was arrested with statutory rape charges and now I have ACS charges and crimInal charges.I am completely innocent of all charges and drafted a deceleration of facts for my attorney. The DA offered no jail time, 10 months sex offender therapy, and 10 years probation and register in a sex offender database. My laughter is in foster are, and my worldis completely shattered . I hired an ACS attorney to help me get my daughter out of the system and place her with my sister. In the meantime, my court appointed attorney is not moving one finger for me. My wife reported to my family that my step daughter providedto detectives the address where I bought her a prepaid phone and a picture I sent her through Facebook. I did not buy her a phone. I did send her a picture through Facebook but because she asked me to send her a picture after I was done trimming my sideburns.It is only a picture if my ugly old face in which you can see partially my 51 yo chest which is not sexy or pretty. The picture is not even indecent. Anyway, I would like for my attorney to file a motion for the DA to provide the address of the prepaid phoneand statements my step daughter made surrounding the alleged relationship she had with me. My wife told my family that according to her daughter I bought her daughter ja diamond ring and was getting an apartment for us to live together. I want to start gettingfacts on the table but do not know how to request this from my attorney. Can you please point me in the direction I should follow? I pleaded not guilty because I am innocent. I want all witnesses to start providing testimony under oaths so I can prove theirlies. I can prove I did not buy her a phone, a ring, or touring with her while she was supposed to be in school. In fact I want to subpoena phone and internet records to prove where she really was and who she was having an affair with during the time she wasnot in school. Can you please educate me about what tools I have available to do this? Can you file a motion for the prosecutor to provide statements already given by the alleged victim and all parties in the family already interviewed? Thank you in advance.

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Zoey_ JD

Doctoral Degree

29,564 satisfied customers
my son just got arrested what do i need to do after

my son just got arrested for assault what do i need to do after we have bailed him out his court date is in April.

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Zoey_ JD

Doctoral Degree

29,564 satisfied customers
Hello, my company is the victim of theft (2nd Degree Felony

Hello, my company is the victim of theft (2nd Degree Felony Grand Theft) by an employee and his accomplice. Both were arrested and the accomplice has bonded out pending arraignment. Now that person has threatened one of my employees. Specifically the accomplice stated "You better hope I don't see your sloppy ass anywhere. Cause I will confront you. I'm done." This was written so we have a verifiable log of this through a third party and before that several other texts pertaining to this case were written to try an illicit a response from this employee, but after this episode the employee rightfully stopped speaking with both of the people involved with the company theft. Does that text constitute intimidation or threat to another person in which then the accomplice, to my knowledge, has committed a new 3rd degree felony act and broken the Victims' Rights for Broward, FL? This happened about 2 weeks after the accomplice posted bail and in the full context of the text thread clearly appears to specifically target this employee because of the arrest of the accomplice and the arrest of the other former employee (this innocent employee aided the company in catching both parties). Could we file a separate charge of 3rd Degree Felony or would this be bundled in with current charges (which is many 2nd degree and 3rd degree felonies) and would the victim still be my company name or would it have to be a new victim/case where my employee is the victim? There is overwhelming evidence against both parties, therefore, this employee will not have to testify, but technically the employee is a witness if need be and is being intimidated/threatened by the accomplice. If we can't file separate charges could we use this as leverage in the current grand theft case to receive potentially higher restitution/civil suit against the accomplice and/or a sanction and/or a steeper sentencing (another words state to the accomplice and his/her legal counsel this restitution amount is not fair and just and if you don't pay us the fair tab then we will take this other threat out of the wood work and potentially file more charges on you or at least try to cast a dark shadow on this accomplice's regressive behavior with this new evidence before their final sentencing)? I know that is a few questions and any help is greatly appreciated. Thank you

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Zoey_ JD

Doctoral Degree

29,564 satisfied customers
My Son was charged with burglary unoccupied of an ex girlfriends

My Son was charged with burglary unoccupied of an ex girlfriends house. He just turned 18 so he is an adult. Because he is in Florida and the point system puts him at a 62 they want 2.2 years in prison and 3 years probation this is his first offence.does this sound right? He has a lawyer who said he can try and reduce the sentence. The lawyer said the ADA will talk to the Mother (Who is the one who is pressing charges) and see if she will drop the charges for rehab and probation? My question is, if I see her in a public location can I ask her to be forgiving to my son, With out it being witness tampering ?

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Alex J. Esq.

Managing Attorney

Doctoral Degree

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A close friend of mine has a husband that was charged with

A close friend of mine has a husband that was charged with a 3rd degree misdemeanor for assaulting her in a public restaurant/bar...He was arrested and paid a $5,000 bond. His charge in Missouri was...A RSMO.565.074.My friend's husband demanded that she go to court in front of a judge for his release from jail and tell the judge that it was her fault and that he did nothing. She did this out of fear, said that he did nothing and that it was all her fault. The police did interview her immediately after the incident and took her statement against him which led to his arrest.His (the husband's) attorney has told my friend not to respond to an order for her to go to court...The case has been rescheduled for 8/08 from it's original date of 7/18...She is petrified of her husband and is afraid to tell the truth. Her husband said if you don't go to court, my attorney gets me off.What should she do?

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Marsha411JD

Doctoral Degree

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the batterer commits a felony and hires a lawyer and does not

the batterer commits a felony and hires a lawyer and does not want to be jailed, nor does the battered wife. He has a restraining order, but she meets his lawyer. She is physically ill with effects of cronic Lyme desease -- cronic fatigue and fribromyalgia, plus has been isolated with no friends or family in the state or nearby states.Hisa lawyer tells her she should not have any family or friends visit with her lest they should influence her against her husband. She complies against her own wellbeing. Is this lawyer literally engaging in 'witness intimidation', seeing as she is a battered woman.How can family and friends help her if she refuses to help herself???

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CrimDefense

Juris Doctor

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This is a rather unusual question perhaps. A former friend

This is a rather unusual question perhaps. A former friend and partner of mine broke into my home recently during the day. I have known the person for almost 2 years and the person lived in this home for about 2 months in 2011. When I met this person I had no clue that they had a background (criminal record). and the person is still very well-known in the community. After seeing this person in the truest nature, I decided to part ways. I discovered the person truly needs to be on medication, has received varying diagnosis of possible bipolar, borderline, even socio-path, and/ or Narcissistic personality disorder. I spent a great deal of time and energy trying to assist the person as a friend by getting them professional help. I was allowed into confidential situations by this person, we had things in writing and the professionals I met all told me this person needed ongoing professional help and meds to be productive in society. I am a highly empathetic person, a teacher, and a person known to help people-sometimes not understanding that I can't help regardless of how much I try. This person has harrassed me, bullied me, physically assaulted me several times, stolen some of my things, etc. They also have a diagnosis of breast cancer. I have tried to get this person out of my life, changing phone numbers, blocking accounts, changing accounts, and I am looking for a new residence. Each time I have ignored this person, they have found some way of getting my new number, writing to a new account, came to my work place twice, or have just showed up at my home. I am a teacher and can't have any blemishes on my record so when this person bothers me, they state that they want the police called, they have nothing to lose and know this, and they know I cringe from embarrassment the thought of my family, friends, coworkers seeing conflict and or police at my home. One of the things I was told several times when I tried to defend myself was that she would tell the police whatever needed to insure I was carried away in a police car. I was told my life would be a "bigger hell" if I filed for a restraining or protective order. On March 6th, I was contacted at my workplace by the sherif's office and told someone had broken into my home. I arrived to my home to find a detective taking finger prints, a neighbor had called and identified the person, she had found a way to get into my second story window, she had broken out the screen and some glass, got into my home, and was scene on my property for about 20 minutes going through my out-building, trying to get into my doors around the entire perimeter of the home, and was initially taking 3 boxes of contents. Evidently, this person must have figured out she was scene by a neighbor and left quick, leaving the boxes, etc. Also, there's no property of this person in my home and she hasn't resided in the home since the fall of 2011. A warrant was placed for her arrest for burglary, second degree (non-violent) in the state of SC. After this occurred, she wrote me an email telling me she was sorry for breaking into my home. When she found out that charges were indeed filed, she emailed telling me how she would sabatage my life if I didn't ask for the charges to be dropped. I didn't respond to her and actually did what the arresting officer suggested I do. She was caught about one week after the incident, and the officer told me to call the judge directly and ask for a high bail, tell the judge of her past offenses, and request that the person not be able to contact me, etc. I did talk to the judge as suggested and finally felt like this would be treated seriously. Instead, the judge commented to me that the burglary accurred during the day verses the night, as if this was a big difference, and said this was more of a "personal issue"? I am assuming because I know the person who broke into my home, it makes the offense not as bad? I can say I feel scared, had already changed my locks, and now feel like I have no private or confidential, safe, space. When the person heard a high amount for bail, she started crying, and the judge cut her bail in half to only $5000.00 knowing she could get a bail bondsman to get her out for around $500.00. The judge ordered her not to contact me or to come near me, it is written with my name, etc. on a document. The person in question also has a warrant, misdemeanor for the state of Alaska, and she was still let out with the judge knowing this? The preliminary hearing for this burglary is this Thursday and the final court date is in May.My question I suppose is, will this person actually get time? She has about 3-4 "priors". Is it important that I come to the preliminary hearing? Any suggestions? I never thought I would be in this scenario. Thank you.

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Hammer O'Justice

Attorney

Juris Doctor

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