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Domestic Violence Charge Remanded to the File

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  • 01-26-2014, 07:30 PM
    dazzlinsmile
    Domestic Violence Charge Remanded to the File
    My question involves criminal law for the state of: Mississippi

    Well on December 17, 2012 I was the victim of domestic violence. The ex boyfriend was in my car at the time of the attack and he would not get out. I filed a police report on him. Well the court notified him who I was and over a month later he filed charges on me. I never even touched him. I hired an attorney because I had proof that I was innocent. I called 911 that night and I have texts that I sent his mom trying to get him out of my car. I have emails that he sent me after the indecent admitting to what he did and threatening me. My attorney that I paid over $4000 dollars lied to me and said that he had subpoenaed that 911 call. This is clear retaliation on his part and I feel victimized by the law as well. The case was in out of court for over a year. I gave my attorney all of my evidence and he obviously did not submit anything to the prosecutor. So last week we were both ordered to go to anger management classes and everything would be remanded to the file and in a year thrown out.


    My question is if something is remanded to the file can I decide to get a new attorney to go back to court to prove my innocence. Obviously I was not proven innocent if I was sentenced to classes. I do not understand what any of this means. I am in school and I don't want this to follow me around. My attorney told me after the fact that we could have gone to trail. I hired him because I was clueless about the court system and I feel like I was let down.
  • 01-26-2014, 09:38 PM
    Disagreeable
    Re: Remanded to the File
    Apparently your.evidence was not compelling.
  • 01-26-2014, 09:42 PM
    Dogmatique
    Re: Remanded to the File
    Quote:

    Quoting dazzlinsmile
    View Post
    My question involves criminal law for the state of: Mississippi

    Well on December 17, 2012 I was the victim of domestic violence. The ex boyfriend was in my car at the time of the attack and he would not get out. I filed a police report on him. Well the court notified him who I was and over a month later he filed charges on me. I never even touched him. I hired an attorney because I had proof that I was innocent. I called 911 that night and I have texts that I sent his mom trying to get him out of my car. I have emails that he sent me after the indecent admitting to what he did and threatening me. My attorney that I paid over $4000 dollars lied to me and said that he had subpoenaed that 911 call. This is clear retaliation on his part and I feel victimized by the law as well. The case was in out of court for over a year. I gave my attorney all of my evidence and he obviously did not submit anything to the prosecutor. So last week we were both ordered to go to anger management classes and everything would be remanded to the file and in a year thrown out.


    My question is if something is remanded to the file can I decide to get a new attorney to go back to court to prove my innocence. Obviously I was not proven innocent if I was sentenced to classes. I do not understand what any of this means. I am in school and I don't want this to follow me around. My attorney told me after the fact that we could have gone to trail. I hired him because I was clueless about the court system and I feel like I was let down.


    Was this some sort of plea agreement?
  • 01-26-2014, 09:52 PM
    dazzlinsmile
    Re: Remanded to the File
    I am not even really sure. I am not even sure if my attorney even gave them my evidence. While in the court room he stated that he did not know how criminal cases worked since he focuses on civil law. I asked him all of this before I signed the contract agreeing for him to be my attorney.

    I just want to know if I can still choose to prosecute the case against the person who attacked me.
  • 01-26-2014, 10:08 PM
    Dogmatique
    Re: Remanded to the File
    The matter has already been adjudicated. You don't get a second bite of the apple.
  • 01-26-2014, 10:12 PM
    Mr. Knowitall
    Re: Remanded to the File
    Quote:

    Quoting dazzlinsmile
    View Post
    I am not even really sure.

    You had best find out.

    It sounds like you're describing a situation where your lawyer negotiated with the prosecutor for a conditional discharge, no plea involved, whereby if you complete the classes and get through a year without getting into any more trouble the charge will be dismissed. But you're making us guess. Even if you're innocent, such a deal can be a good thing because there are no guarantees at trial.

    You can tell your lawyer that you would rather go to trial than take any sort of deal, if you want to take that chance. If you do so, I suggest switching to a lawyer who handles criminal cases on a regular basis and is experienced at trial work, and that you be prepared to plunk down a substantial retainer as trials aren't cheap.
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