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My case pv mistermener class A have no contact order dimised…

Customer Question
My case pv mistermener...

My case pv mistermener class A have no contact order dimised by one judge no paper work da bring it back up

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Oregon

Lawyer's Assistant: Has anything been filed or reported?

My po refiled da sign this wk

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Can i get into trouble i told him they didnt caych her hear

Submitted: 7 months ago.Category: Employment Law
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1/3/2018
Employment Lawyer: Zoey, JD, Lawyer replied 7 months ago
Zoey, JD
Zoey, JD, Lawyer
Category: Employment Law
Satisfied Customers: 31,914
Experience: 18+ years of NYS litigation experience.
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Hi,

I'm Zoey.

I've reviewed your post. Can you get in trouble with who? I'm not sure what you're asking about here. Can you please explain? I understand that your case has been refiled, but I don't understand who you told about this and just what you're worried about.

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Customer reply replied 7 months ago
My po said the da sign new pv no contact order they didnt catch her hear one judge dismessed without prejudes can i get time 90 days
Employment Lawyer: Zoey, JD, Lawyer replied 7 months ago

If a case is dismissed without prejudice, it means that it can be refiled. If you are convicted of the crime, jail would be a possibility. Whether you would have to be sentenced to jail, however, is a different matter. Frequently people arrested for a domestic violence charge can get probation. It all depends on your criminal history and whether the complainant was seriously injured as a result of the domestic violence.

If you are already on probation, then a conviction can get you violated on probation as well as get you a possibility of jail. 90 days does not sound unreasonable under those circumstances, but again without knowing your history or the seriousness of the case, I can't tell you whether it would likely be better or worse than that.

In any case, you should have a lawyer, because you want to avoid a jail sentence if you can or, if you must face jail, keep the sentence as low as possible.

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Customer reply replied 7 months ago
I am on probation class a misterminer 2 pv
Customer reply replied 7 months ago
Did 60 may
Customer reply replied 7 months ago
I cant pay handicap
Employment Lawyer: Zoey, JD, Lawyer replied 7 months ago

If you are on probation and you are indigent, you would have a public defender for the new case. He can negotiate a package with the DA. If you did 60 days last time, it would be more this time. 90 sounds about right to me, in my experience.

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Customer reply replied 7 months ago
dismessed with out predjest i can still get into trouble
Customer reply replied 7 months ago
Wow
Employment Lawyer: Zoey, JD, Lawyer replied 7 months ago

Yes. Dismissed without prejudice means the state can refile charges.

Dismissed WITH prejudice means the state cannot file charges ever again.

So if the first time the charges were dropped because, for example, the state couldn't locate a witness, the judge would dismiss it without prejudice. That would mean if the witness turned up again, they could refile.

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Customer reply replied 7 months ago
No affidaut
Employment Lawyer: Zoey, JD, Lawyer replied 7 months ago

Right. If a case gets dismissed on the merits, then it gets dismissed with prejudice and can't be refiled. But if a case gets dismissed for technical reasons and the state can potentially fix the technicality, it would get dismissed without prejudice and could be refiled.

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Employment Lawyer: Zoey, JD, Lawyer replied 7 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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Customer reply replied 7 months ago
Why let me out then refile
Employment Lawyer: Zoey, JD, Lawyer replied 7 months ago

Because if they knew they would be unable to meet their burden, the prosecutor had an obligation to release you. This time they apparently think they can make the charge stick because they got whatever they were missing before. Without seeing the court papers and conferring with the prosecutor, I cannot be more specific than that. But your lawyer will be able to tell you what the problem was.

If they didn't have an affidavit, that would most typically mean that they couldn't locate the witness who needed to sign it. If they've got it now, they can go forward.

I strive for 5-star service. If I have addressed all of your concerns, please take the time to rate my service to you by selecting 5 stars on the rating scale, as a rating of okay or better is the only way that JustAnswer will give us Experts credit for our work. You would still be able to post further follow-ups on this question thread about this for no additional cost, even after I've been rated.

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