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My friend was arraigned 5 and 1/2 months ago on a felony…

My friend was arraigned...

My friend was arraigned 5 and 1/2 months ago on a felony assault charge My friend was indicted in NYS for felony assault. The person that was assaulted has refused to cooperate, and wants the charges dropped. He told the ADA that he was too drunk to remember anything- he has had a history of exxtentded blackouts when he drinks. The ADA told him that drunks make bad witnesses. Although he had an abrasion, and was taken to the hospital he refused to release the hospital records that the DA wanted. There has been no Grand Jury and in two weeks it will be 6 months. He has appeared in court twice already and each time the ADA says that they are not ready to move forward. His attorney says that the case will be dismissed on the next appearance. What are your thoughts?

Lawyer's Assistant: What state is this in? And can you tell me a little more about the charge?

NYS. In a drunken fight he was hit in the head with a glass by another drunk.

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

Yes. He was arraigned 5 and 1/2 months ago.

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Answered in 1 minute by:
3/8/2018
Nisha Jones
Category: Legal
Satisfied Customers: 2,597
Experience: Managing Attorney at Nisha Jones Law, LLC
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Good afternoon, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. Keep in mind JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

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I'm sorry to hear about your friend's situation.

His attorney most likely is correct, this appears to be a case that ultimately will be dismissed.

If the alleged victim is uncooperative with the prosecution or simply cannot remember the events that occurred, and if there is no other physical evidence (such as a video recording) and there are no other witnesses that can testify -- then the state will not have enough to prove the case and will have to announce a dismissal.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Customer reply replied 1 month ago
The way that the police got involved was that he called 911 for an ambulance and the police showed up. He was so drunk he did not know what happened.Apparently the police quarter backed the statement and took pictures and bagged the glass. My additional questions is since he has already appeared twice, and it is now 2 weeks from six months, is it likely that his defense lawyer has spoken to the ADA, and that is why he is confident that the case will be dismissed.

Yes it is very possible that his attorney has been in communication with the prosecutor, and that the prosecutor may have already told him of their intent to dismiss the case at the upcoming court date.

Of course the best person to confirm this would be your friend's attorney.

I hope that helps!

Don't forget to rate so I can be credited for my time and help with your question, thanks!

Nisha Jones
Category: Legal
Satisfied Customers: 2,597
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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