If I regret my decision to call the cops and believe I have no evidence against the defendant who wants to take it to trial what is the smoothest way for me to have the case dismissed? I just want it to be over and not backfire on me.
The victim cannot dismiss a charge. The victim can communicate, however, that he/she does not wish to go forward. That may lead to a dismissal, depending on the facts. You should discuss this matter with a lawyer before you do anything in order to avoid any issues.
So I was 8 months pregnant when my boyfriend hit me because we had just broke up. He made me so emotional because I was at the end of my pregnancy and he left me for someone else. But after he hit me I called the cops and they arrived 5 minutes later. But he was not at the scene. The police decided... Read more »
Don’t lie for him. The felony on his record is not your fault. It’s not your job to ‘get it off his record.’ You could benefit from some private legal consultation. Even if you are now on good terms, there is no real excuse for striking a woman, much less one who is 8 months pregnant.
Yes, in many cases you can be charged again after the original complaint was dismissed. As long as the statute of limitations has not run, the charges can be brought again. You should hire an experienced lawyer to respond and defend you. Good luck.
I am sorry for your situation. Domestic crimes are viewed very cautiously by judges and prosecutors. The penalties are more severe, usually requiring batterers intervention classes for six months. Domestic cases are also harder to seal or expunge, and the wait before expungement is longer. It...Read more »
My bf is being charged with B&E after a dumb argument we had in my apartment. He isn’t technically on my lease, but he does pretty much live with me. He is asking me to write in his name on the lease I do have, without telling the landlord. Is this illegal? If I do do this( will they contact my... Read more »
You are smart to ask this question, and your boyfriend's attempt to "fix" the lease is, to be charitable, very foolish. Don't do it. If this case was charged as a domestic B and E, you should not even be in contact with your boyfriend unless and until the no contact order is lifted. Any effort...Read more »
I had a bad argument with my boyfriend while drunk one night, which resulted in me telling him to leave and calling the police. He has been charged with B&E, however he is on my rental lease. He can not afford a lawyer at this time, so he has decided to go with a public defender. He had court... Read more »
Cooperate with the attorney. Public defenders do a terrific job, and should follow through with their own investigation. The Rhode Island public defender has its own investigators. You can also communicate to the Attorney General that you do not wish to go forward with any complaint against your...Read more »
This really is not a civil rights question. But if the house is yours, and she has no ownership interest such as a lease has paid rent, you can probably get a trespass order from the police. Be careful about what you’re doing here. Your sister is still going to be your sister.
It means that the charge lodged against the defendant has been dismissed. "48a" is a reference to the Rule of Criminal Procedure that deals with dismissal of charges. Hope this answer is helpful to you.
I don't see a question here. However, you are a minor, and if you are living at home, your parents are going to have a say as to who can come to their house. And while I understand that affairs of the heart can cause people to do and say many things, a judge is going to be very skeptical about a...Read more »
An officer can place you under arrest if he/she/they has probable cause to believe that you committed a crime, or if there is a warrant for your arrest. Whether that arrest is legally supportable depends on the specific facts of the case. What you have described does not sound like a basis for...Read more »
Domestic felony assault is punishable by up to 20 years if there is serious bodily injury. For assault that doesn’t qualify for serious bodily injury, the penalty is up to six years. Disorderly conduct is a misdemeanor, typically punishable by no more than one year in jail. There are many...Read more »
The man recorded through secret video me and his conversation about another employee failing to perform his duties in which i used profane language and then sent it to my boss unprompted simply to hurt my chances of raise or promotion.
Rhode Island is a one party consent state. That means if one party consents to a recording, it’s legal. So the person who recorded you has not violated your rights. There may be some other behavior on his/her part that may give rise to a claim, but more information is needed.
Yes. The law requires you to keep reasonable and prudent speed all the time. Of course, whether you ultimately kept a reasonable speed is up to a judge. So while the officer can issue the citation, you can contest it.
If you truly lost the item, then you have most likely not committed a crime. However, you are responsible for the loss, and you will have to reimburse the person who loaned you the camera. That means you are most likely going to have to pay the value of the camera back.
Defendant was arrested as the principal, (the one who assaulted the victim with the weapon:shod foot). No conspiracy charge or codefendants. Can the judge issue an aiding and abetting jury instruction at trial?
You (or he) needs an aggressive attorney. If you are the complaining witness, you can cooperate with that attorney and let the prosecutor know that you do not wish to go forward with any charges. Sorry I cannot be more specific, but this question requires more details about the facts. Good luck...Read more »
The prosecution does not have to introduce a weapon into evidence to obtain a first degree robbery conviction. If there is testimony or some other evidence that a weapon was used, that should be enough, as long as guilt is established beyond a reasonable doubt.
If you have not been charged by information or indictment in the superior court within six months of your first appearance in district court, your attorney can move to have the district court complaint dismissed. But that does not mean your case is over. The Attorney General can still file an...Read more »
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