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  1. #11
    Join Date
    May 2008
    Posts
    14

    Default Re: Impact of Pretrial Probation

    Carl thank you for taking time to discuss all this with me. It is helping me understand some things. I may not agree but understand. Hopefully others can read this and maybe get some insight.

    Quote Quoting cdwjava
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    Were you actually arrested? Or, did he forward the report to the DA who filed the complaint? If the DA filed either after an arrest or without one, apparently the DA believes she was assaulted and believes he can support the charge.
    I was arrested and held..



    Quote Quoting cdwjava
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    Advising the victim/witness of the possible ramifications is perfectly viable. Obviously he believed she was lying about nothing happening. As I have said numerous times, if she was drunk and if she lied, she can be asked this on the stand. if she is willing to come forward and state that she lied to the police just to stop them from haranguing her, then the state's case will likely go in the tank ... she might be charged with a crime, but that's her problem, I suppose.
    how is her being arrested ramifications. she didn't call police a stranger did. The person who called has only stated they heard us arguing not see us fighting.


    Quote Quoting cdwjava
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    The law still requires probable cause to believe a crime occurred and that the person arrested committed the crime. If no probable cause exists, then the arrest is bad. The current state of DV laws has intentionally removed some of the discretion from law enforcement by either encouraging or even mandating an arrest if there exists probable cause to do so in a DV incident.
    I understand probable cause alittle better now. But "you knew the but was coming" But maybe there should be someother requirements met or like the in car cams maybe a way to record on scene statements. I am definatly guilty of Disturbing the peace and so is she. I did not assault her mentaly physicly emotionally, or financially. BTW she has been here with me for most of this conversation and at times I am typing her responses or questions.

  2. #12
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Impact of Pretrial Probation

    Quote Quoting onemore617
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    Carl thank you for taking time to discuss all this with me. It is helping me understand some things. I may not agree but understand. Hopefully others can read this and maybe get some insight.
    No problem.

    how is her being arrested ramifications. she didn't call police a stranger did. The person who called has only stated they heard us arguing not see us fighting.
    Because lying to the police can be criminal and if the officer believed she was lying, he has a right to explain what might happen. He was likely bluffing, but unless it can be shown that the inducement was such that it would compel a reasonable person to lie, it's not going to be a problem. However, if she takes the stand and says she lied to the police about any assault and did so because of the threat, that should throw a great deal of reasonable doubt on the state's case.

    Are you actually set to go to trial on this?

    I understand probable cause alittle better now. But "you knew the but was coming" But maybe there should be someother requirements met or like the in car cams maybe a way to record on scene statements.
    The technology is not yet there to permit every officer to be wired for video and sound all the time ... well, I should say the technology is there, but the cost is prohibitive. Many agencies out here use pocket recorders, and many others seek to have the victim write out their statement in their own hand. But, recordings may be required to be transcribed, and this can be very expensive, and written statements are easily challenged when the victim says, "I wrote what the officer TOLD me to write. I encourage my officers to record their contact AND encourage them to have the victim write a statement in the victim's own words.

    I am definatly guilty of Disturbing the peace and so is she.
    Maybe not. In my state this requires an intent to disturb the peace. Though the state might offer this to you as a plea option.

    I did not assault her mentaly physicly emotionally, or financially.
    I was unaware that one could be subject to assault either emotionally or financially. Abused as such or taken advantage of, sure, but these are not generally criminal.

    BTW she has been here with me for most of this conversation and at times I am typing her responses or questions.
    Then I suspect she will testify for the defense, and will take the stand explaining her inebriation and why she may have lied to the police. If your attorney knows this, I suspect he can relate all of this to the DA and it might be possible to either get a significant plea deal or have the matter dropped.

    - Carl

  3. #13
    Join Date
    May 2008
    Posts
    14

    Default A New Twist

    My question involves criminal law for the state of Mass

    It's been a week since I posted on here. BTW thank you cdwjava for all your help.

    I fired my lawyer last friday, I was not happy with him at all. Monday I requested all the docs from the DA's office and told them I am representing myself. Definatly a dumb move just haven't gotten a new Lawyer yet. I got the docs on tuesday. Today being Thursady and my trial date being next friday. I have a week to figure this out.. The DA called and wants to discuss a plea so I listen. Drop my charges to what I originaly said they were. Disturbing the peace.

    The DA told me if I agree to this it could be done as soon as Monday as they all ready have the green sheet ready for me.

    Plead guilty to Disturbing The Peace in return I get 6 months of unsupervised probation. One year suspended.
    Now I have read thru the paper work from the da and it is no more than than the orig police incident report from the night this has happen. There are no new witness statements. no follow up by anybody.

    Is the DA just trying to get a guilty for something, because the case is so weak for the charges.

    Should I get a new lawyer and take it to trial.

    I know I should at least have a lawyer review the plea deal.

    thanks in advance.

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