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  1. #1
    Join Date
    Apr 2011
    Location
    Louisiana
    Posts
    4

    Question How Can I Make Sure She Doesnt Get Off Lightly with These Aggravated Assault Charge

    My question involves criminal law for the state of: louisiana

    my friend and i have a situation with the mother of his 2yr old child that's been going on for about 4 months. we have been receiving death threats and harassing calls and text, threats and lies about me on facebook (using my full name) my car being keyed and showing up at my home to fight with me and finally attempting to run us off the road immediately after threatening to kill me! we were both granted a 6 month restraining order against her. after the last incident they issued her citations for aggravated assault and reckless operation, because she has family and friends in our police dept there was a lot of covering up for her and stuff she got away with. nobody understands how she isnt in jail because of all shes done to us and as many reports we filed against her. i've lost all faith in our police dept. i think she goes to court on the 25th of this month. my question, is there anything i can do to be sure she doesnt get away with this? anyway for the judge to hear my side of things and see all the evidence we have against her (voicemails,text messages,printouts from facebook, the pics of my car,witnesses to incident)? the police report wasnt very detailed. my friend and i both went to the hospital because our necks and backs were hurt and my wrist. still in a lot of pain. i still have a lot of anxiety when i hear a car horn or if someone flashes their lights or comes up out of nowhere.

  2. #2

    Default Re: How Can I Make Sure She Doesnt Get Off Lightly with These Aggravated Assault Char

    we have been receiving death threats and harassing calls and text,
    Were these the basis for the restraining order?

    lies about me on facebook (using my full name)
    If you can show damages, you can sue her in civil court (bet that isn't going to HELP anything though). Why are you READING what she's writing on FaceBook, or, why hasn't she been blocked from writing on your page is that's where it's occurring?

    my car being keyed
    Proven in court? Of course you know who probably did it, and the police know who probably did it, but that is VERY far from the state being able to PROVE that she did it. Witnesses? Confession? Physical evidence that puts her in contact with the vehicle in circumstances (time/place) likely to convince a jury? If not, then the DA isn't going to waste taxpayer dollars to pursue a case where you'll say she did it, she'll say she didn't, and state can't prove the elements of the offense, and the case drops.

    and showing up at my home to fight with me and finally attempting to run us off the road immediately after threatening to kill me
    This is what the upcoming case is about, right?

    we were both granted a 6 month restraining order against her. after the last incident they issued her citations for aggravated assault and reckless operation, because she has family and friends in our police dept there was a lot of covering up for her and stuff she got away with.
    So there has been a restraining order issued, citations issued, and she's got an upcoming criminal case against her. I'm not sure how you equate that with a coverup. The justice system doesn't move quickly, and there are formalities that must be followed, probable cause that must be established, etc.

    nobody understands how she isnt in jail because of all shes done to us and as many reports we filed against her. i've lost all faith in our police dept. i think she goes to court on the 25th of this month. my question, is there anything i can do to be sure she doesnt get away with this?
    Probable cause is what allows an initial arrest to be made, NOT just reports, no matter how many of them their are. If those reports don't contain elements that the district attorney wants to see to give them confidence that they can PROVE the case(s) in court, then the issue is likely to die with the report(s) until probable cause can be established. It's all about what can be proven in court, whether it takes ONE report, or 10,000 reports to accomplish that.

    Police don't determine who faces formal charges....that would be the district attorney. So she HAS been charged, and has been scheduled for court. That means that the DA picked up at least some of the charges for prosecution. What YOU can do is participate in the case in whatever the state asks, typically being willing to testify on the stand. But in the criminal case, you need to understand that it is the STATE's case against the accused, and it's the DA who determines who talks in court, what evidence gets presented, etc. The DA also has the burden of proving their case at the highest standard, "beyond a reasonable doubt". If there are damages directly related to the criminal case pending against her, you should speak to the victim advocate at the district attorney's office and ask the court to order restitution as appropriate. (Restitution only applies to certain levels and types of damages that the victim has suffered, but it's important because it can be made part of the criminal sentence.) As the vicitm in a case against her, if there is a conviction, you also have the right to address the court prior to sentencing, to tell the judge face to face how the defendant's actions have impacted you and your life. To be sure that you get the chance to exercise this right, it's important to keep up with the events calendar for the case, and this is something that a local advocate can assist with.

    If you'd like to pursue a CIVIL case against her, for property damage, injuries, time missed from work, pain and suffering, slander, or any other damages, the burden of proof is less than in a criminal case (only "preponderence of evidence", meaning "more likely than not"). And you may prevail in a civil case on issues that the criminal case isn't able to prove at the higher standard. However, the difference is that in a criminal case, the judge passes sentence and it gets imposed by the court. In a civil case, if you win, you still have to try to collect on damages awarded, or enforce any orders issued by the court.



    anyway for the judge to hear my side of things and see all the evidence we have against her (voicemails,text messages,printouts from facebook, the pics of my car,witnesses to incident)?
    In a civl case, you can control those elements. In the criminal case, the DA will decide what gets presented, and will only address those issues that are related to the specific crimes being charged.

    the police report wasnt very detailed.
    Detailed enough that the case is now pending trial? That's all that really needs to be accomplished. Police reports aren't admitted as evidence in criminal cases. The details will come from testimony given in open court.

    my friend and i both went to the hospital because our necks and backs were hurt and my wrist. still in a lot of pain. i still have a lot of anxiety when i hear a car horn or if someone flashes their lights or comes up out of nowhere.
    This is where restitution, crime victim compensation, and civil action can assist. If you're not already working with an advocate either through the district attorney's office, your local domestic violence program (yes, this qualifies), or both, then you need to be. They can help you to apply for benefits and funds from the various programs available to you, refer you to local counseling, get the costs covered, etc.

  3. #3
    Join Date
    Apr 2011
    Location
    Louisiana
    Posts
    4

    Default Re: How Can I Make Sure She Doesnt Get Off Lightly with These Aggravated Assault Char

    [QUOTE=aardvarc;513054]Were these the basis for the restraining order?

    Yes it was. When we went to court for it she agreed to it and we didn't have to plead our case or use our witnesses or evidence.




    If you can show damages, you can sue her in civil court (bet that isn't going to HELP anything though). Why are you READING what she's writing on FaceBook, or, why hasn't she been blocked from writing on your page is that's where it's occurring?


    She was blocked on facebook. We have mutual family and friends that are telling me and showing me what was said. I have everything printed out.




    Proven in court? Of course you know who probably did it, and the police know who probably did it, but that is VERY far from the state being able to PROVE that she did it. Witnesses? Confession? Physical evidence that puts her in contact with the vehicle in circumstances (time/place) likely to convince a jury? If not, then the DA isn't going to waste taxpayer dollars to pursue a case where you'll say she did it, she'll say she didn't, and state can't prove the elements of the offense, and the case drops.

    I didn't notice the damage on my car till the next morning. I was at a friends house and my car was home when she showed up looking for me my sister told her I wasnt home and went back inside. My 2 neighbors saw her do it. I told the police all this but the report says otherwise. It was a family friend of hers...



    This is what the upcoming case is about, right?

    Yes it is.



    So there has been a restraining order issued, citations issued, and she's got an upcoming criminal case against her. I'm not sure how you equate that with a coverup. The justice system doesn't move quickly, and there are formalities that must be followed, probable cause that must be established, etc.

    What I mean by coverup is that some of the police reports were wrote by her friends in the P.D. all in her favor not taking my statement accurately..One incident she showed up at my friends home and just came in, punched his mom and knocked his niece down to get to me. I immediately called the sheriffs office they said they'd have someone call me. I called back a little while later and spoke to someone else she said "I don't know why they didn't send someone out right away that doesn't make sense" I looked at the report later and it was her uncle that took the call. We are meeting with internal affairs about all of this.



    Probable cause is what allows an initial arrest to be made, NOT just reports, no matter how many of them their are. If those reports don't contain elements that the district attorney wants to see to give them confidence that they can PROVE the case(s) in court, then the issue is likely to die with the report(s) until probable cause can be established. It's all about what can be proven in court, whether it takes ONE report, or 10,000 reports to accomplish that.

    I understand that. Im just worried cause as I said before she has got away with so much since dec. every police officer, the judge that handled the restraining order and a victims advocate can't understand why it took her nearly killing me before they did anything about it especially considering her previous run-ins with the law including some unrelated incidents that she still has to go to court for. She is very good at manipulating people with her crying and trying to turn the story around. We have a lot of evidence that we showed the police when we made each report but depending on who it was determined on what actually made it into there. So I guess I could try to meet with the DA to discuss these concerns and show what I have?

    Police don't determine who faces formal charges....that would be the district attorney. So she HAS been charged, and has been scheduled for court. That means that the DA picked up at least some of the charges for prosecution. What YOU can do is participate in the case in whatever the state asks, typically being willing to testify on the stand. But in the criminal case, you need to understand that it is the STATE's case against the accused, and it's the DA who determines who talks in court, what evidence gets presented, etc. The DA also has the burden of proving their case at the highest standard, "beyond a reasonable doubt". If there are damages directly related to the criminal case pending against her, you should speak to the victim advocate at the district attorney's office and ask the court to order restitution as appropriate. (Restitution only applies to certain levels and types of damages that the victim has suffered, but it's important because it can be made part of the criminal sentence.) As the vicitm in a case against her, if there is a conviction, you also have the right to address the court prior to sentencing, to tell the judge face to face how the defendant's actions have impacted you and your life. To be sure that you get the chance to exercise this right, it's important to keep up with the events calendar for the case, and this is something that a local advocate can assist with.

    I spoke with a victims advocate when we went to court for the protection order and they told me as soon as I got the police report to bring it in and they would be able to assist with medical expenses and such...

    If you'd like to pursue a CIVIL case against her, for property damage, injuries, time missed from work, pain and suffering, slander, or any other damages, the burden of proof is less than in a criminal case (only "preponderence of evidence", meaning "more likely than not"). And you may prevail in a civil case on issues that the criminal case isn't able to prove at the higher standard. However, the difference is that in a criminal case, the judge passes sentence and it gets imposed by the court. In a civil case, if you win, you still have to try to collect on damages awarded, or enforce any orders issued by the court.

    How do I go about filing a civil suit against her?


    Detailed enough that the case is now pending trial? That's all that really needs to be accomplished. Police reports aren't admitted as evidence in criminal cases. The details will come from testimony given in open court.

    I understand that everything will come from testimony in court but as of now it's only going to be her there and her version of what happened is far different from what actually happened and we have things proving it otherwise! The officer that worked the scene said he'd testify if he had to

    I'm sorry if I sound ignorant concerning all this I've never had to deal with anything like this.

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