Assault Second Degree

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08-11-2012, 01:45 PM
shanise130

Assault Second Degree

My question involves criminal law for the state of:

My fiance and I had a incident in December 2011 where we ended up getting restraining orders and didn't go through with them. I filed an assault charge against and he got arrested last night for a warrant (August 2012). He has a bail of 7500 & I want to know if he will get released and how this works. The crime is assault second degree. We are still together but I thought when we went to court and the judge asked if I wanted to drop the charges and restraining and I said no that it was all over. What's next?
08-11-2012, 02:16 PM
Mr. Knowitall

Re: Assault Second Degree

Quote:

Quoting shanise130

My question involves criminal law for the state of:

The state of what?

Quote:

Quoting shanise130

He has a bail of 7500 & I want to know if he will get released...

If he posts bail, he will be released.

Quote:

Quoting shanise130

...and how this works.

How what works?

Quote:

Quoting shanise130

The crime is assault second degree. We are still together but I thought when we went to court and the judge asked if I wanted to drop the charges and restraining and I said no that it was all over.

You went to court, the judge asked, "Do you want to drop the charge," you responded, "No, I don not want to drop the charge," so the charge is proceeding? That seems pretty self-explanatory.

In any event, once you complain about criminal conduct to the police it's up to the prosecutor, not you, whether or not to go forward with the charge.
08-11-2012, 03:32 PM
shanise130

Re: Assault Second Degree

Quote:

Quoting Mr. Knowitall

The state of what?

If he posts bail, he will be released.

How what works?

You went to court, the judge asked, "Do you want to drop the charge," you responded, "No, I don not want to drop the charge," so the charge is proceeding? That seems pretty self-explanatory.

In any event, once you complain about criminal conduct to the police it's up to the prosecutor, not you, whether or not to go forward with the charge.

I meant to say that I said yes when I was asked by the judge if I wanted to drop the charge. My apologies. I was being asked 2 questions by someone around me as I was typing.