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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102379
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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If a person is charged with menacing harassment and assault

Customer Question

If a person is charged with menacing harassment and assault what can the judge decide and if charges were filled
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

What state is this in, please?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Expert:  Ely replied 1 year ago.

You have not told me what state this is and I have to step away for a bit, so I will answer based on the information I do have.

Originally, it is the county's prosecutor who decides whether or not the charges are to be filed. No the Judge. However, the Defense Attorney for the Defendant can file a motion to dismiss, arguing that there is not enough evidence to even bring the charges. There has to be prima facie ("on the face," or a good likelihood) of guilt for the prosecutor to keep the charges. If the Judge does not believe that there is prima facie evidence, the charges may then be dismissed.

I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!

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