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  1. #1

    Default Re: Domestic Violence and Persistent Offender Charges

    Quote Quoting Disagreeable
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    I would follow your lawyers guidance and delay proceeding until there is a less aggressive prosecutor on your butt.
    You're probably right. My lawyer doesn't seem to want to try and push him to do anything, but I don't see why he wouldn't just drop it as it's obviously wrong and he only has two more months in office. It's pretty terrible the way things can be done to someone who's done nothing wrong in the eyes of the law, yet still be at their mercy.

  2. #2
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    Default Re: Domestic Violence and Persistent Offender Charges

    Believe it or not, your post history IS relevant here.

  3. #3

    Default Re: Domestic Violence and Persistent Offender Charges

    Quote Quoting Dogmatique
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    Believe it or not, your post history IS relevant here.
    Never said it wasn't relevant.....just said I figured people wouldn't remember. Bad day?

  4. #4
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    Default Re: Domestic Violence and Persistent Offender Charges

    Bad day? Dude. My football team just royally spanked two of its biggest rivals. I'm a-floating down the River Of Gloat until at least Sunday

  5. #5

    Default Re: Domestic Violence and Persistent Offender Charges

    Quote Quoting Dogmatique
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    Bad day? Dude. My football team just royally spanked two of its biggest rivals. I'm a-floating down the River Of Gloat until at least Sunday
    Nice.



    So can anyone tell me if they have the "Persistent Domestic Violence Offender" thing on my charge behind assault, and since that is obviously wrong, then does that mean they shouldn't be able to get the assault charge a guilty verdict in any sense...... ?

  6. #6
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    Default Re: Domestic Violence and Persistent Offender Charges

    Based on a quick read of the statute and going off what you have told us, I would say they will have a difficult time.

    It's just a matter of what evidence they present to try and support it.

  7. #7

    Default Re: Domestic Violence and Persistent Offender Charges

    Quote Quoting free9man
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    Based on a quick read of the statute and going off what you have told us, I would say they will have a difficult time.

    It's just a matter of what evidence they present to try and support it.

    Could you direct me to which statue it is you're talking about? There is absolutely no way they will get a guilty if we had to go to trial based on the evidence, which is why I'm nervous about having to wait two more months for the next DA. My lawyer knows their case is shit, so I really don't trust her direction of what to do right now by waiting two more months. That'll be over a year, and if that simple fact of knowing they won't or can't get a guilty for error of charge, then I'm thinking that can be something or should be something my lawyer should be bringing up in court.....

  8. #8
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    Default Re: Domestic Violence and Persistent Offender Charges

    Quote Quoting Junior1
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    You're probably right. My lawyer doesn't seem to want to try and push him to do anything, but I don't see why he wouldn't just drop it as it's obviously wrong and he only has two more months in office. It's pretty terrible the way things can be done to someone who's done nothing wrong in the eyes of the law, yet still be at their mercy.
    I understand your distrust in lawyers but once a Da charges someone,they don't just drop the charges easily. I've been to court on trump up charges and it seems ridiculous how long the whole process took. In the end it was worth all the time,to get myself a reasonable solution. It sucks putting your life on hold but if waiting gets these charges dismissed,or increases the likely hold then it's better to be patient.

    Sometimes a lawyer just wants to plead things out,just be polite but firm. I'm 100 percent innocent and I especially don't want DV or a violent charge on my record. A reduction to a misdemeanor is better then a Felony,you don't want a DV conviction on your record. If the current DA is difficult then it's better to deal with a new one.

  9. #9

    Default Re: Domestic Violence and Persistent Offender Charges

    A misdemeanor DV though is almost as bad as a felony. I wouldn't have been able to ever own a firearm again, and they could have sentenced me to a year in jail......that's if they hadn't tried me as a Persistent Domestic Violence Offender. If they had, even the misdemeanor would have made it a Class A Felony and I would have went straight to prison. And this is something my lawyer was trying to talk to me into. So yea, saying I have distrust in my lawyer is putting it very politely. This is why I'm very uneasy about waiting the two more months for the new DA to come in, just bc she believes this "should" be dropped bc it should have been a civil matter in the first place.

    - - - Updated - - -

    Quote Quoting free9man
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    Google the code section you are being charged under and read away.

    Well I've read that section and I'm not seeing where it talks about if that is added to your charge how it would play out if it's an obvious error.

  10. #10
    Join Date
    Nov 2007
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    Default Re: Domestic Violence and Persistent Offender Charges

    I see why you don't want to plead to a misdemeanor,it's a lot better then a felony. (not that I'm saying you should plead out) . Sometimes the whole court process is mind numbing and slow. Besides waiting what should the lawyer do,did they file for discover? Not that a reduction to a misdemeanor Dv is good but a year in jail seems strict. A new Da,can't hurt.

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