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  1. #1
    Join Date
    Mar 2006
    Location
    miramar,florida
    Posts
    9

    Default Charges Dropped Without Victim's Presence in Court

    as i stated in another topic before my boyfriend will not be going to court the day of my arraignment, the only thing the prosecutors have is the police report, which made the situation seem alot worse then they realloy are, alot of what was on the report is incorrect...what are my chances in having the charges dropped without the victim there??this is my first offense...also my baby was in the room at the time and he was sleeping, but the police put down that it happened in front of him...can child services take my baby??????? please help!!!

  2. #2
    Join Date
    Aug 2005
    Posts
    10

    Default

    They can force him to testify if he is subpoenaed. If he is served, then he should inform the prosecutor he does not want to cooperate. Without him there, they probably won't be able to prove the case if there is no other evidence. Get a good lawyer if he gets served, which he probably will. I had a case dismissed with a lot of evidence against me because my wife did not show.

  3. #3
    Join Date
    Jan 2006
    Location
    West Virginia
    Posts
    36

    Default

    hey meche..I had a question..did your wife sign a written complaint as well, besides the pictures...man your lucky!

  4. #4
    Join Date
    Mar 2006
    Location
    miramar,florida
    Posts
    9

    Default

    YEAH WELL I KNOW HE ISN'T GOING TO SHOW UP FOR FOR, AND BY NOW I THINK HE'S EVEN MOVED BACK TO CALIFORNIA, CAUSE HE WAS SUPPOSE TO START A NEW JOB AT THE END OF MARCH. THE ONLY EVIDENCE THEY HAVE IS THE POLICE REPORT, WHICH LIKE I STATED BEFORE THEY EXAGERRATED SOOOOOOO MUCH IN THERE , BUT HE DIDNT GIVE A TAPED STATEMENT AND DIDNT ALLOW THEM TO TAKE PICTURES OF HIM OR ME EITHER, SO ALL THEY HAVE IS THE REPORT, ANOTHER THING THAT WORRIES ME IS MY BABY BECAUSE HE WAS SLEEPING DURING ALL OF THIS AND THE COPS PUT DOWN THAT IT HAPPENED IN FRONT OF HIM! THANKS SO MUCH FOR YOUR RESPONSE.

  5. #5
    Join Date
    Aug 2005
    Posts
    10

    Default

    hey meche..I had a question..did your wife sign a written complaint as well, besides the pictures...man your lucky!
    Yes. She signed a written complaint. The 911 tape was declared to be inadmissible because all she said was that I hit her. I was claiming self-defense, so that did not help the case as I had already admitted to striking her. The pictures actually favored me in that my injuries were worse than hers.

    They probably would have postponed it because my wife was not there, but the judge would not allow it. They had already postponed it once due to inproper subpoena of the other witness, my wife's friend. Wife's friend did not show up the first time because of this. The second time her friend was properly subpoened, but then my wife didn't show. Prosecuter entered a nolle prosequi, case dismissed.

  6. #6
    Join Date
    Aug 2005
    Posts
    10

    Default

    Romelo: I am not a lawyer. But my educated guess based on watching other cases during the day of my court is that there is no real evidence against you. I believe the police report can be considered hearsay, if the cop did not witness the event. Without pictures and a witness, it is extremely hard to prove a case against you. I hope you have a lawyer. If not, go to court and remain silent (5th amendment)! Do not say anything, as prosecutors can use it against you. They have to prove you are guilty. You don't have to prove your innocence!

  7. #7
    Join Date
    Jan 2006
    Location
    West Virginia
    Posts
    36

    Default

    meche..thanks for your info but could you give me some more info on what/how your lawyer got the 911 tape as inadmissible..under what rule of evidence..the reason why Im asking is all my wife said to the 911 lady was "my husbands hitting me" and she wasnt even frantic or crying or anything..when in reality all I did was push her away on her face causing a small mark on her nose...not very visible..the funny thing is thta the prosecution has not given my lawyer pics taken of me showing my hand being bitten and shirt torn...I will claim self defense but if you could give me more info..in this way I can relay to my lawyer..

    One more thing was your wife crying when the cops came or when she was telling her story..or was she calm??

  8. #8
    Join Date
    Aug 2005
    Posts
    10

    Default

    Hi Sim,

    My lawyer got the tape declared indmissible by the judge because the only information the tape provided was her saying that I had struck her, but I did not strike her while she was on the phone talking to 911. If that was the case, there may have been a different ruling on the tape.

    I was claiming selfdefense. So in doing so, I admitted to striking her. Therefore, the tape has no value because it did not provide any extra evidence or information to the case. Part of the argument was that because she was crying on the tape, it may have influenced a jury to give an unfair ruling against me when the tape is something that contributes nothing to the case in terms of information.

    If I was not claiming self defense, and I claimed that I never touched her, then the tape would have been deemed admissible because she was saying that I had hit her, and it probably would have fell under the "excited utterance" rule.

    If your wife was calm then you have a case for saying that she was lying on the tape. However, it will be up to the judge to determine if the tape falls under the "excited utterance" rule, thus making it strong evidence against you. A big key to a judges determination of whether an excited utterance occured has to do with how long she took to place the call. If she took a long time, then she had a chance to think about what she was going to say - and possibly lie. A good tactic to use if she is going to testify is for your lawyer to ask her how much time passed before she placed the call while she is on the stand. Do not make mention of this to her before the trial.

    My case was similar to yours also in that the pictures taken by police favored me as well. My wife had no marks on her at all. I had scratches. We did not have trouble getting those pics. Funny thing is: They didnt bring them to the court on my court day! My lawyer asked for them there in front of the judge, and then there was a 10 min. resess until the pics were retrieved. We did not get to look at the pics before court day. My lawyer went and looked at the DA's file before my day of court to read statements my wife and I had written, but the pics were not in it. I don't think that the state can deny you the pics - but I am not sure. They didnt do it in my case, and if they were able to, the probably would have. I do not think the DA let me get the pics out of the kindness of her heart.

    My wife was upset but not crying when the cops came. However, I believe whatever she tells a cop is considered hearsay - ask your lawyer.

    When is your court day? Will she appear? It is really tough to prove these cases when the witness is not there. The fact that the pics favor you would put you at an even greater advantage. They need some sort of concrete evidence against you and ithere does not seem to be much. If a tape is going to be used against you, and she is not there, then you can argue that you were not given your constitutional right to confront your accuser (But of course you'd rather her not be there!)

    Are you guys still together?

  9. #9
    Join Date
    Jan 2006
    Location
    West Virginia
    Posts
    36

    Default

    thanks for the insight..yes we are still married..and she does not plan to come nor does her sister as witnesses..so lets see what happens..I dont know why my lawyer has not initaited any evidence from being excluded..how much did u pay ur lawyer mine is charging a whopping 2500!

    i think my lawyer believes the case will be dismissed if witnesses dont show up but thats a gamble..

  10. #10
    Join Date
    Aug 2005
    Posts
    10

    Default

    its a good shot. but they may postpone it if they dont show. if they dont show the second time, then Id bet a lot of money they'd dismiss. I payed 1200 for my lawyer. He was BV rated according to Martindale-Hubble too. 2500 is a lot I think. But once it is over, you won't care how much you spent. Good luck to you.

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