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I have a sealed case file in idaho, i know there was a

Customer Question
hello i have a sealed...
hello i have a sealed case file in idaho, i know there was a complaint but i know no one wants to press charges. could this be a warrant that is sealed in idaho
JA: What's the exact nature of the charges?
Customer: attempted strangulation perhaps. i do not know for sure i just know someone was contacted by someone with the court
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 3 months ago.Category: Criminal Law
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Answered in 7 minutes by:
8/3/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 3 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,110
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 3 months ago

Yes, there could be a warrant. The investigative phase of a criminal case is confidential, so only the police themselves would be able to tell you if such a thing exists against you.

Once the state gets involved in a case, it doesn't belong to the victim anymore. The prosecutor has the right to try to take the case forward even if nobody else is interested in prosecuting. He or she can take the time to investigate and try to get the victim to change his or her mind. If the victim made a report, the state can subpoena the victim and compel her to take the stand and testify.

So it's quite possible that the groundwork is being laid for a prosecution. What was the "somebody" contacted about and who was the "someone" that contacted him or her? And what was asked of hiim/her?

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Customer reply replied 3 months ago
It was about the complaint filed to see if it was the right someone and that an attorney would contact them
Customer reply replied 3 months ago
No calls have been recited yet though
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 3 months ago

Thank you. So it appears that the matter is being investigated and a prosecutor is eventually going to contact the alleged victim. As to the whether they are ready to make an arrest, I would not have any idea what their state of readiness is at this time. I can only say that, yes, it's possible there's a warrant.

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Customer reply replied 3 months ago
What are the charges
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 3 months ago

You already told me it's an attempted strangulation case. I assume that would be the charge. Lesser included offenses such as felony and perhaps even misdemeanor assault would likely be charged as well. Under some circumstances attempted murder could be charged.

What a prosecutor does is to look at all the evidence and see which offenses could possibly be proved beyond a reasonable doubt if a jury believes that evidence. Then they typically will charge all of those offenses. In that way, they increase their chances of getting a conviction.

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Customer reply replied 3 months ago
What type of lawyer should I get
Customer reply replied 3 months ago
is there anyway the charges would be dropped
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 3 months ago

If you are charged, you would need a criminal defense lawyer. Without knowing any facts, it's impossible for me to tell you whether the case could be dropped or the charges dismissed, but in general, if none of the key witnesses cooperates with the prosecutor, the case can eventually be dismissed. However, the court will give the prosecutor every chance to round up his witnesses and bring them to court.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 3 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
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Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

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