Quote Quoting IsaacSF
View Post
The worst part of all is that I will be leaving the country prior to the date on my ticket. My wife and I have sold all of our possessions to travel the world for 18 months. We leave the country November 19th and our court date is on December 4th. The last thing I want when I return is to be arrested for failure to appear, what a nice welcome home gift.
Yet, that may well be the end result.

Can I move up my court date?
You can always ask for a continuance, but they will NOT continue the case for 18 months. If you hire an attorney you might be able to draw it out for 6 months or so.

Does this guy have a strong case?
HIS case would be a civil suit for the damages. It is the STATE's case, you need to be worried about for the vandalism. From what you wrote, yes, a case can be made. How strong a case would depend on how articulate all the parties might be on the stand. Unfortunately, you and your wife will not be present at trial to make your statement. Thus, it would seem that the state will have an outstanding case.

Why does my Wife's testimony not count?
It is not that it will NOT count, only that her testimony will be presumed to be biased.

Can I file assault charges against him?
Apparently you already asked about that. You can take him to civil court, but you'll likely have to cancel your trip for that, too.

The state - through the DA or city attorney, however it is done in your un-named state - generally has sole discretion as to whether or not to prosecute for a crime. Not knowing what the other driver and the independent witness said, it's hard to say whether you have a case against him or not. But, if the state will not prosecute him, it is irrelevant.

Can I make it all just go away?
Before you leave for your trip? Probably not. The only remote possibility would be by pleading guilty before the court date and hoping they sentence you quickly and hit you with a fine and restitution and NOT formal probation or jail time. But, chances are even a guilty plea would result in a sentencing hearing a couple months down the road.

What state are you in, and what is the specific code section for which you are charged?

- Carl