Re: Assult Between Couple
Anything is possible when it involves low life druggies and abusers.
Re: Assult Between Couple
Courts don't "press charges," prosecutor's do and it's not required that the cops be called in order for charges to be pursued. If charges are filed, the prosecutor will have her medical records. If she is subpoenaed to testify, she must testify truthfully or end up being charged with perjury.
Re: Assult Between Couple
This is y I made this post. The cops were not called. She's going to tell the courts on Mon cause he has court that day that the brother made the full thing up. He lied to his po. The brother told his po he was using dope and he was dirty and he pissed and was really sober. At that time is when they arrested him on the assult charge. She's going to say the brother lied about everything. She thinks their isn't enough evidence. Plus she didn't say who hit her in the hospital.
She thinks that the cops weren't called that the state can't press charges. She's going to tell the court her brother lied. (about being dirty and the assult) she's going to to say her brother didn't like her bf. She thinks their is no evidence. She didn't tell the hospital who hit her. I'm trying to tell her that they can still press charges even if the cops weren't called. He was arrested on a probation violation as he didn't show up to pee cause they had the wrong phone number. Then the assult charges as well. I haven't seen nothing online so I don't know everything just yet. He has 1 prior assult 3 years ago.
Re: Assult Between Couple
She thinks that the cops weren't called that the state can't press charges.
Well, then, maybe she'll find out that she's wrong, won't she? Just because she thinks that doesn't make it true. Just because she lies about who did or didn't do it doesn't mean she'll be believed. The cops are quite accustomed to DV victims lying about what happened to protected their abusers, and don't need her approval or permission to take action if they can still make a case.
Re: Assult Between Couple
I've tried to tell her just cause she didn't call the cops they can still prosecute. She did go to the hospital but she didn't say who hit her. Minnesota is one of those states if she don't press charges the da will pick it up if their is enough evidence. She don't have to go to court or nothing. I'm still trying to figure out how he's going to be charged with her brother only telling his po. That's odd. I didn't think this possible. I thought myself even cops have to be called for anything to prosecute.
Re: Assult Between Couple
Then you were both wrong. The DA will decide if there is enough evidence to prosecute. If there is, they will. If there isn't, they may not bother. But it will not be her choice and if she is subpoenaed, she will have to appear.
Re: Assult Between Couple
As I told you in the other forum, a criminal action is not "victim" vs. "defendant." It is society that is harmed by someone's criminal activity no matter who (if anyone) it is directed towards.
It is the state that prosecutes. There's compelling reason to pursue DV assaults even in the light of a victim who doesn't wish to prosecute.
Re: Assult Between Couple
See unfortunately her & I both think we knew the law very well. Usually someone needs to call the cop before they can press charges. At the hospital she didn't give a name who hit her. When her brother called his po he did leave his name. He told the po that her bf beat her up & he's dirty for drugs. Here's the problem when he got arrested he was sober for drugs when he peed. She's hoping the state will look at this as her brother is lieing & he called & lied about everything. That's what she's going to tell the po (she's going to call his po on Monday) to say her brother lied. That hopefully sense his piss test is clean maybe the brother lied about it. Problem is the hospital records. Can they go subpoena hospital records even if she didn't state who hit her. Can they use those against him? I have other law forums that are saying the exact same thing. He will get charged. Even if the police weren't called. Even if she never talked to the cops. Another thing I must mention is she is on felony probation herself for theft. I worry if she lies about something and covers it up she can get a contempt of court charge. This will violate her probation I'm sure. She's going to call his probation officer on Monday and say the full thing was a lie. He's the one that pushed the charges maybe he can yank them away. Her words not mine. I think she's crazy by the way. She's extremely stobbern. I relay the info to her what I'm finding out about the law forms. Sure do. That's y I keep updating here.
Re: Assult Between Couple
You may think you know the law very well, but it's fairly clear that neither of you actually does.