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Old 12-20-2008, 01:07 AM
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Mayasmydobe Mayasmydobe is offline
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Default UHmm.. Advice please? What happens when you press charges against someone?

Ok so long story short, I went out yeah that never happens anymore.

But, I went to a bar with a group of friends.
Anyways, all was fine untill this guy wouldnt leave us alone. He kept coming up to us and grabbing us in innapropriate places. We tod him many many times to leave us alone. Some of the guys that were with us also told him to knock it off. When we finally got the owner of the bar... he also told the guy to knock it off or leave. well the guy was fine, left us alone for about 5 minutes and then came back and was grabbing all of us again.
So then we couldnt find the owner of the bar and the bartenders were swamped with customers so a bunch of the guys at the bar started pushing this guy out the door. Well the guy started getting angry, yelling and trying to make his way past all the other men (probably about 8 guys) trying to get back into the bar. I happened to be standing by the door (waiting for the bathroom to open up) and the creepy guy saw me and decided t get one last handfull i guess becuase he tried to grab me again. This is when my friend Johnny stopped him and got in his face yelling at him to leve us alone. Well the creep somehow managed to get to me anyways and hit me in the face really hard. About 30 seconds later the cops were there and the creppy guy took off running. The cops got him and arrested him for public intox but strongly urged me and everybody who saw what happened go up to the station and press charges. So we went and filled out the paperwork (basically telling what happened).
The cop took our papers and said that he was going to file mine as a simple assault and the rest of the girls that he was grabbing on as one group simple assault. So the guy is looking at public intox and two simple assaults.

So what all else is going to happen? Am I going to have to go to court with this???
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Old 12-20-2008, 01:14 AM
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Geesh, sounds like an awful night I'm sorry. I have no idea what happens now... probably if you do end up having to go to court, you'll get a subpoena or something? I would try to forget about the b@stard for now. *HUGS*
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Old 12-20-2008, 01:18 AM
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thanks ((hugs))

Oh i forgot to mention that this was a mexican man and from what I hear he has either no papers or is here with fake papers... my friend overheard creepy dude's friend bing worried about his buddy getting sent back.


also... in trying to find something posative... I totally forgot to mention that I got to meet the new K9 Officer, a gorgeous black German Shepard. His name is Ghost.
He just got out of training. Infact, my Honor Society held a HUGE fundraisor to help pay for Ghost's training. We raised about twice as much as we had set as our goal. It was soo cool. Ghost is sooo cute, and sweet too... at least untill he's working! I wouldnt wanna be on the recieving end of Ghost's training! lol
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Old 12-20-2008, 06:09 AM
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His citizenship aside, I would say he will be fined a certain amount of money for the simple assaults, pay it, and be done. If he doesn't pay his fines, then he opens another can of worms with the courts.

If he decides to get an attorney and fight the charges you might have to show up in court..........but I'd say the odds of that are a long shot because they make sure it's much cheaper to pay the fines than hire an attorney.

If his citizenship is in question, they will probably send him "home" and he'll be back ASAP, LOL
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Old 12-20-2008, 06:35 AM
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Quote:
Originally Posted by ACooper View Post
His citizenship aside, I would say he will be fined a certain amount of money for the simple assaults, pay it, and be done. If he doesn't pay his fines, then he opens another can of worms with the courts.

If he decides to get an attorney and fight the charges you might have to show up in court..........but I'd say the odds of that are a long shot because they make sure it's much cheaper to pay the fines than hire an attorney.

If his citizenship is in question, they will probably send him "home" and he'll be back ASAP, LOL
That is not exactly how it works. A fine is after a successful trial and there are a lot of miles between charges and sentencing. The DA has to agree to take the case, a grand jury has to agree that there is a case, the state must prove beyond a reasonable doubt that the accused is guilty of a specific crime by presenting evidence to a judge and/or jury. Depending on the seriousness of the charge the accused need not pay for an attorney, if he cannot afford one, one will be appointed for him.
Hearsay evidence is not permitted, the cop can't just report what you told him, you may be subpoenaed to go to court and state what the accused said or did as far as any assault charge. Of course the cop himself was present to see the public intoxication so he could testify as to that.
So yes, if you press charges for assault you may well have to go to court to testify.
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Old 12-20-2008, 06:41 AM
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Right, if he denies the charges and wants to go to court (unlikely) he can........but as I stated, he will probably opt to plead "guilty" and pay the fines. Nothing more needed from Maya or her friends.

That is the norm with public intox and simple assault.
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Old 12-20-2008, 07:10 AM
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My wife was assaulted by a (now former) friend a number of years ago. It's going to depend on the DA but we got called to come to court to testify. On the court day, though, we were sitting out waiting to get called in and the DA came out to tell us that they had cut a deal (guilty plea for fines/probation rather than jail time) and that we could go.

Good luck. Sorry that you are now a statistic as a victim
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Old 12-20-2008, 07:35 AM
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Depending on the system where you are, he will probably be charged in General Sessions (the lowest court - it goes by many names). Probably get assigned an overworked, bored public defender, the noob will be the one who gets the cases of illegals.

Then one of several things happens: he's arraigned and released on bail, which, if he makes or some bondsman is greedy/desperate enough to write, he's gone and comes back several months later with a new name.

Or, he's arraigned, sits in jail, pleads guilty and gets time served and maybe a fine.

Or, if there's a particularly energetic and eager PD, there's either a trial in sessions court or it gets kicked to a grand jury (highly unlikely!) and then things like interviews with the DA can start.

The second scenario is the most likely.

Generally, feds and locals don't work together on deporting.
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