Domestic Violence Protection Order Hearing Due to Alleged Gun Threat

[drthyrd]

I entered a plea agreement.
YOU ARE DEFINETLY GUILTY UNTIL PROVEN INNOCENT and that rarely happens in "she said, he said" cases. This whole issue of FALSE ALLEGATIONS is one big Cluster F--k.

It is regrettable that you feel the system is unjust, but truthfully, you can't win if you refuse to play. You can't state the system is broken when you voluntarily entered a plea.

The courts are definitely slanted to the woman and since I can't chance loosing at a trial, I think I would win but lawyers make money stringing it out, I keep negotiating with the "B---h". I would love for the courts to just find she lied. Maybe before this is all over. Now have spent $5,000 on these legal fees.

Every person charged with any crime stands a chance to lose at trial. Criminal convictions require guilt beyond a reaonable doubt and the burden is on the state to prove its case, not on the defendent to prove innocence. If your lawyer felt that he could not create reasonable doubt in the eyes of the jury with regards to your case, this is something you had to weigh when deciding to plea.

It is not a pre-determined outcome that every person charged with a crime will be convicted at trial. There have been books written on cases where not guilty verdicts have been reached due to strong work by the defense team, despite popular opinion and bodies of evidence that would point to the defendent's factual guilt.

This system and unjust process of the law in these type of matters stinks. Wish I would win the lotto and I would mount an effort to change this process and educate lawyers and judges and the whole court system of the unjust, not speedy, and slanted, unproven charge nature of this process.

YOU ARE DEFINETLY GUILTY UNTIL PROVEN INNOCENT and that rarely happens in "she said, he said" cases. This whole issue of FALSE ALLEGATIONS is one big Cluster F--k.

The conviction rates for DV is very low. Not all dv calls result in arrest. Not all dv arrests result in charges. Not all dv charges result in convictions.

In 2005, the the North Carolina Center for Public Policy Research found the conviction rate for DV was 33% statewide, with rates as low as 12% in some counties. Failure of the victim to cooperate in court proceedings was the most common reason for dismissal of cases.

You may think you are in the unlucky 33%, but a significant number of defendents have a different experience then you.

[aardvarc]

Almost ALL of which gets completely and forever negated when this happens....

I entered a plea agreement.

In doing so, you have to make a willful admission, under oath, to the court that whichever parts you are pleading to are true.

So now I try and work on getting the other PO dropped..putting in front of her offers to not fight on possesion of her adult son's car, not take her to court on theft of Social Secutity money a day after the now official day of separation and anything I can think of to get her on edge and thinking twice about me not being allowed back in my house.

Be really careful, lest you be looking at ADDITIONAL charges for violating the order (exactly HOW are you putting these "offers" in front of her?) or intimidating a witness. If the DA already got one good charge on you, you can bet they won't hesitate to get more. The ONLY types of contact you should be having with her, for your OWN protection, should be through your attorney.

YOU ARE DEFINETLY GUILTY UNTIL PROVEN INNOCENT

You are guilty when you ADMIT to guilt by entering a plea. The due process of trial only works when defendants CHOOSE to bring their case before judge/jury. When you choose to enter a plea, you immediately negate the ability of the process to find you "not guilty", and, for witnesses to get on the stand and incriminate themselves, perjur themselves, or have their lies exposed. It's a choice that many people make under pressure and regret after the fact - but the fact remains that he said/she said doesn't PROVE most cases for most juries, yet many defendants plea on cases they might have won, just to get the process over with. The system can't stop defendants from making those choices.

[Pootter]

I have read all the responses and appreciate the comments. My plea agreement was for a dismissal of the charges. Are all of you saying that amounts to an admission of guilt?

The system can't stop defendants from making those choices.

When you only hear the input that a forum such as this offers then I say the system is broken or at least deficient. No atty ever uttered those statistics or encouragement to expose the truth from her. I will see the order on Tuesday, as signed by the DA. My atty recommended me to accept it while feeling there was sufficient evidence to create reasonable doubt. Again the system is broken when attys push for speedy resolution w/o providing alternatives to unknowing defendants. It is a shame these probabilities were not shared earlier.

[eerelations]

My plea agreement was for a dismissal of the charges.

No it wasn't. (And before you disagree, a dismissal-of-all-charges-please-agreement is not possible. Doesn't exist, couldn't have happened.) Read your own posts again, you agreed that you are guilty enough to get 30 days and immediate alcohol counselling. That's your admission of guilt right there. No way around that, you are guilty because you said you are guilty. The system didn't have to prove you are guilty, you took it upon yourself to tell the system you are guilty. Period.

[aardvarc]

My atty recommended me to accept it

Dentists recommend you brush twice a day and not drink soda. Doctors recommend that people shouldn't smoke and should maintain a healthy weight. Attorneys tend to recommend those actions which the client can afford, or, which they feel, with an understanding of the local judiciary and the evidence available against their client, to be in their client's best interest. But the attorney didn't and couldn't force you to do so. You could also have said "no, I'd rather take it to trial", then lit a cigarette and chugged a soda.

while feeling there was sufficient evidence to create reasonable doubt.

Reasonable doubt being what would be needed at trial to prevail with a "not guilty" verdict. So the attorney DID lay on the table that victory was possible at trial.

Again the system is broken when attys push for speedy resolution w/o providing alternatives to unknowing defendants. It is a shame these probabilities were not shared earlier.

That's not "the system", that really boils down to a lack of communication between attorney and client. I agree with you that as the paid professional, the attorney should have made sure that you understood all of the possible options available to you - but it doeesn't sound like the attorney willfully or negligently hid options from you. And who can say, going to trial is always a risk of the worst potential outcome. And who knows, maybe the plea inclusive of the alcohol treatment will be more beneficial than you think - treatment you likely would NOT have sought without the situation.

[Pootter]

Well after four months and 6 days my Criminal Communicating Threats charge has been dismissed. The box checked on the DISMISSAL: NOTICE OF REINSTATEMENT was OTHER: "IN COMLIANCE w/court order. ^ obtained an alcohol assessment and completed the classes". The next day my lawyer obtained PETITION AND ORDER DISPOSING OF FIREARM (WITHOUT CONVICTION) which will me to get my firearms back under this charge. Since the DVPO she took out on me was "recinded and dissolved", a two months ago and replaced by a PERSONAL PROTECTION order, not restricting me having weapons I have a hearing this Tuesday motioning the civil court to release my weapons also. I feel the odds are in my favor for the judge to grant the motion. We Will See.

While none of her false accusations were heard by either court thus deciding on the truthfulness or falseness of her charges I still don't feel vindicated. Maybe i should have gone to trial to have a clean feeling. Many things weighed in my decision: money for the lawyer, maybe a year or more longer before trial, maybe a verdict against me, the cloud of the trial influencing her not to negotiate through the attorneys for me to buy her out of the house, and other thoughts I can't recall right now. Many thoughts run through your head when the woman you love does such a vile, horrific thing to you.

So I have it in my head when I am back in the house and have a little more money, to sue her for LIABLE AND SLANDER. Unfortunately I am having a hard time letting this go.