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  1. #1
    Join Date
    Apr 2018
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    New England
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    7

    Default Dismissal of a Criminal Charge vs. Acquittal After Trial

    GC wife of 3/1/2 years. Prior to this I was married and living in the same house for 30 years with the same woman for 27 years, we both had our LTC's and negotiated our divorce while living together. No arrest record ever. Last year I contacted an attorney and told him I wanted a divorce, she was abusive and a danger. I held off after she physically restrained me admitting she was using my PTSD (Vietnam related) to provoke me. The truth was brutal, but I knew it was true, so I backed off. Big mistake.

    Last month we went on vacation. After two days of needling I packed up and left. Forwarded her the plane ticket and told her I was going to my company reunion and not to come. Texted her I would bring the rental car by, rent any hotel, enjoy your vacation etc.

    She beat me home by 4 days and hatched an abuse plot. Went to the local PD the night I got home and made a host of felonious accusations against me. Ok forward to 'dangerousness hearing' in District C. Judge wasn't buying it, I was released without bond with GPS supervision and a few other stipulations. My attorney is very sharp. I told him she is either going to admit to her spurious charges at the next hearing or I'm going to face my accuser in a full trial.

    My attorney is filing a motion for discovery we're three weeks out. Now either the case gets dismissed outright or she's going to have to perjure herself under oath. I don't hate her, but I'd love to see her deported. As to motive I found out if a GC holder files an DV abuse charge and she files a I-360 and automatically gets her 10 year GC without my validation of the marriage. She living in my house and having a good old time and I'm paying for everything, including two lawyers...lol

    The kernel of my question if the DA agrees to dismiss before trial does it carry an equal weight of being found not guilty at a trial ? If she caught perjuring herself do I have legal recourse ?

    Sorry for the verbiage and thanks....

  2. #2

    Default Re: Dismissal of a Criminal Charge vs. Acquittal After Trial

    If prosecutors have enough evidence to charge her case against you, they won’t turn around and charge her with perjury just because they couldn’t secure a conviction at trial. Nor would they do that if they decided to dismiss the case outright for lack of evidence. With domestic cases, usually if they think the accuser is lying... it wasn’t about the initial report of the assault, it was when she recanted her story either because of her own personal guilt about getting her loved one in trouble, or she was coerced into recanting by her partner.

  3. #3
    Join Date
    Sep 2005
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    98,846

    Default Re: Dismissal of a Criminal Charge vs. Acquittal After Trial

    Quote Quoting gadfly187Vet
    View Post
    if the DA agrees to dismiss before trial does it carry an equal weight of being found not guilty at a trial?
    A dismissal with prejudice would mean that the charge cannot be refiled. A dismissal without prejudice would mean that it is possible to refile the charges, but that is unlikely to happen. A dismissal with prejudice is thus more akin to an acquittal.

    As for whether it is important for you to risk conviction (and probably pay your lawyer a lot more money) in the interest of being found "not guilty" at trial, that's a personal question as opposed to a legal question.

  4. #4
    Join Date
    Apr 2018
    Location
    New England
    Posts
    7

    Default Re: Dismissal of a Criminal Charge vs. Acquittal After Trial

    If dismissal with prejudice before trail legally equates to being found not guilty at trial. Then I'd be satisfied with the former for obvious reasons.

    A dismissal without prejudice however and a possibility of refiling charges, I'd fight to my dying breath.

    Thanks for help !

  5. #5
    Join Date
    May 2017
    Location
    Florida
    Posts
    355

    Default Re: Dismissal of a Criminal Charge vs. Acquittal After Trial

    A trial carries the very real risk of being convicted. If a prosecutor has nothing more than her word, that prosecutor would not have filed in the first place. There is either an independent witness, some documented injury, or something to corroborate her claim.

  6. #6
    Join Date
    Oct 2016
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    4,301

    Default Re: Dismissal of a Criminal Charge vs. Acquittal After Trial

    Quote Quoting gadfly187Vet
    View Post

    A dismissal without prejudice however and a possibility of refiling charges, I'd fight to my dying breath.

    Thanks for help !
    Why? If you somehow refuse a dismissal without prejudice you will go to trial. If you accept it you may never go to trial.

  7. #7
    Join Date
    Oct 2016
    Posts
    1,131

    Default Re: Dismissal of a Criminal Charge vs. Acquittal After Trial

    Quote Quoting gadfly187Vet
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    Sorry for the verbiage and thanks....
    My question is if you have an attorney why are you not speaking to him about your concerns? If it's a matter of not trusting him then you really need to consider getting someone else.

  8. #8
    Join Date
    Apr 2018
    Location
    New England
    Posts
    7

    Default Re: Dismissal of a Criminal Charge vs. Acquittal After Trial

    Highwayman:

    I have full confidence in my attorney. But given the nature and time line of the case wouldn't a second or third opinion be prudent ?

    When your life is on the line and doctor gives you an opinion is it not wise to seek a second opinion or third opinion ? I've been in that medical position and very glad I did.


    Payrolguy:

    If she is given the option to refile, than I simply refuse to accept that, period, full stop. It's my right to face my accuser in court and I will exercise that option.

    Now I know the last she wants to do is purjure herself or face cross examination under oath.

    Quote Quoting asa_jim
    View Post
    A trial carries the very real risk of being convicted. If a prosecutor has nothing more than her word, that prosecutor would not have filed in the first place. There is either an independent witness, some documented injury, or something to corroborate her claim.
    Maybe because we live in different states. I appreciate your concerns

  9. #9
    Join Date
    Apr 2018
    Posts
    100

    Default Re: Dismissal of a Criminal Charge vs. Acquittal After Trial

    If she is given the option to refile, than I simply refuse to accept that, period, full stop. It's my right to face my accuser in court and I will exercise that option.

    It is not a option you get to agree or disagree with. If the prosecutor chooses to dismiss the case, the case is dismissed, whether it is with or without prejudice.

  10. #10
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Dismissal of a Criminal Charge vs. Acquittal After Trial

    Thread hijack -

    Welcome, doucar! Good to see you.

    End thread hijack.

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