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Ask Andrea, Esq. Your Own Question
Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12554
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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Hi, my fiance and I recently got into a physical fight and

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Hi, my fiance and I recently got into a physical fight and my girlfriend took me to her house. Upon reaching there he followed us, got out of his vehicle and approached her car asking to talk to either her or me. She proceeded to honk her horn and scream "thief thief" and he grabbed her hands off the horn and they had a"tug and pull" through the car window. She wound up her window and called the police stating that a man was on her compound trying to take her vehicle. He heard and got into his car and drove off and the police advised her to come to the nearest station where they took a report of the night's proceedings starting from the fight with him and me. We have since patched up but she applied for a restraining order against him and he was served with a summons to appear in court for assault for pulling and tugging at her arm. She has informed the court that I am her witness in my absence, do I need to go even though I havent received a summons or does my previous statement in the police station count in this instance? So far he plead not guilty of assault so we are going to trial. Need some urgent advice.

Hi, My name is XXXXX XXXXX my goal is to provide you with Excellent Service,

 

 

 

Will your friend consider dropping the charges completely as well as her request for a Restraining Order ?

Customer: replied 4 years ago.

I havent asked her because i am already apprehensive given the fact that she went behind my back and proceeded with this case nd I don't know who is advising her or if she will inform the court that I am contacting her to drop charges

Hi, Mya, I understand what you are saying and I feel badly for the position you are in,

 

 

You asked,

 

" do I need to go even though I havent received a summons or does my previous statement in the police station count in this instance? "

 

 

Answer

 

You are in a very difficult position because if she proceeds with the case, you will be asked to testify. If the Court feels that your statement to the police is not enough, and the Court wants you to personally appear and testify, the Court can issue a Subpoena and compel you to go to Court. A Subpoena is like a Court Order and you can be held in Contempt of Court if you do not obey the Subpoena.

 

If you are served with a Subpoena and must go to Court, then when you are asked specific questions, you can always say something like,

 

"Everything happened so fast, I just cannot remember specifics.........."

 

The Court cannot penalize you for not remembering and it will be that much harder for them to convict your fiancé if you say that you cannot remember specific details of what happened that evening. This way, you will not be helping convict your fiancé, and your friend cannot complain that you did not come to Court as a witness,

 

____________________________________________________________________

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

 

 

 

Customer: replied 4 years ago.

In this instance is her case a sound one?

Customer: replied 4 years ago.

She had no injuries or any proof of such.. and he didnt do anything out of malice does she still have a valid case

It is very difficult, if not impossible for me to say how sound her case is because I do not know what she told the police, and I do not know how she will present herself on the witness stand. Some people can be very convincing. In addition, the police officer who came to the car when she called for the police, might also testify as to how she appeared to them when they arrived.

 

Please understand that there are so many variables and so many things that can be brought up in Court, that it would be impossible for someone on the outside such as myself, to be able to give an accurate assessment of the case. The fact that she did not have any injuries will be in your fiancé's favor,

 

______________________________________________________________________

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you,

 

Bonus and Positive Feedback on survey is very much appreciated,

 

ANDREA

 

 

 

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