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  1. #11
    Join Date
    Feb 2020
    Posts
    750

    Default Re: Court Needs Proof Any Suggestions

    Quote Quoting berry1411
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    Not that I can recall.this case was from 1999 a very long time ago.
    Where did this altercation take place? Maybe there is a store/bar owner who can recall it? Or, maybe you have a friend who you told the account to later that day?

    The police report might contain names of witnesses that you can contact?

    The cop that wrote the report was not there. Better to track down witnesses. Or, maybe the cop is still on the force and can write a statement that there were no serious injuries that he can recall?

  2. #12
    Join Date
    Apr 2020
    Posts
    21

    Default Re: Court Needs Proof Any Suggestions

    Quote Quoting Harold99
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    Where did this altercation take place? Maybe there is a store/bar owner who can recall it? Or, maybe you have a friend who you told the account to later that day?

    The police report might contain names of witnesses that you can contact?

    The cop that wrote the report was not there. Better to track down witnesses. Or, maybe the cop is still on the force and can write a statement that there were no serious injuries that he can recall?
    No witnesses besides the victims wife that I recall it was on the high way on the side
    Of the road

  3. #13
    Join Date
    Feb 2020
    Posts
    750

    Default Re: Court Needs Proof Any Suggestions

    Quote Quoting berry1411
    View Post
    No witnesses besides the victims wife that I recall it was on the high way on the side
    Of the road
    I suppose the victim's wife is not someone who would want to help you in any way?

    Maybe you just have to wait for the police report for your next move. Maybe the policeman who wrote the report can help?

  4. #14
    Join Date
    Apr 2020
    Posts
    21

    Default Re: Court Needs Proof Any Suggestions

    Yeah I should get it today hopefully I will keep everyone posted I appreciate everyone’s feedback

  5. #15
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Court Needs Proof Any Suggestions

    Quote Quoting berry1411
    View Post
    Yeah I should get it today hopefully I will keep everyone posted I appreciate everyone’s feedback
    You are receiving it today and are looking for another way to show that no serious injury. That makes me wonder if you think the police report will show someone was seriously injured. Is that the case?

  6. #16
    Join Date
    Apr 2020
    Posts
    21

    Default Re: Court Needs Proof Any Suggestions

    Quote Quoting PayrolGuy
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    You are receiving it today and are looking for another way to show that no serious injury. That makes me wonder if you think the police report will show someone was seriously injured. Is that the case?
    No one was injured. I just would like to provide the court with more then one way of proving no one was seriously injured. I will keep everyone posted appreciate all the feedback thanks

  7. #17
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Court Needs Proof Any Suggestions

    Quote Quoting berry1411
    View Post
    No one was injured. I just would like to provide the court with more then one way of proving no one was seriously injured. I will keep everyone posted appreciate all the feedback thanks
    In what way where you convicted? Trial, plea agreement?

  8. #18
    Join Date
    Apr 2020
    Posts
    21

    Default Re: Court Needs Proof Any Suggestions

    Plea agreement

    I was 19 years didn’t have a clue the court system had a public defender. I wish I never took the plea but I was young and dumb at the time

  9. #19
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Court Needs Proof Any Suggestions

    Quote Quoting berry1411
    View Post
    My question involves civil rights in the State of: New Mexico. Hello all, I recently filed for an expungement for a crime I committed in 1999 it was Aggravated battery (deadly weapon) the department of public safety Is rejecting the petition until I can show the court that no one was Seriously hurt. Any suggestions on how to show the court I ordered the police report However I’m looking on suggestions on what I can show the the court. Any suggestions that will help thank you
    Is this the misdemeanor or the felony version of the statute?

    ===============
    30-3-5. Aggravated battery.

    A. Aggravated battery consists of the unlawful touching or application of force to the person of another with intent to injure that person or another.

    B. Whoever commits aggravated battery, inflicting an injury to the person which is not likely to cause death or great bodily harm, but does cause painful temporary disfigurement or temporary loss or impairment of the functions of any member or organ of the body, is guilty of a misdemeanor.

    C. Whoever commits aggravated battery inflicting great bodily harm or does so with a deadly weapon or does so in any manner whereby great bodily harm or death can be inflicted is guilty of a third degree felony.

    ===============

    Also, you say that the "department of public safety" is rejecting the petition until you can show "the court" that no one was seriously hurt. Does this mean you have been given a court date for the hearing, yet? Or, was the petition rejected as incomplete because of the lack of a police report?

  10. #20
    Join Date
    Apr 2020
    Posts
    21

    Default Re: Court Needs Proof Any Suggestions

    This was a felony case I pointed a case from a detachable radio I had at the time in the car to him However my public defender recommended that I take a plea if they found me guilty they would give me probably more than 10 years. As I was leaving the victim was standing in front of my car I then turned and hit Him bumped him to get out of the way. All of this was my fault not the victim. I believe no serious injury how ever the court does.

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