Q: What Is a Trial Like for...?
I was at a hearing for a guy who broke a protection order by sending too many emails, just being an idiot. Not an abuser. He was arrested for it. His hearing was to face 4 months in jail (that affects the child support she will lose if he loses his job). He is not an abuser, they just had yelling matches and she got pissed. Jail for this? Now at hearing she did not show, so it got continued to a trial. Okay, so he nor I know what a trial is. Is there going to be a jury for this case? He is not a criminal. She just emotional. Really. Trust me. They have been fine for years until a big fight some months ago.
So, in Wake County, NC, what does he face in this trial? A jury? Harsh DAs? He has court appointed attorney (no one has money, not even the hard workers) who I heard was not helping saying he is still going to go to jail. Even his ex does not want him in jail!! It is silly over a big argument. Even the DA said so to the ex.
So, what does this "trial" entail?
Thanks.
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A: He has already been determined to be an abuser thats why there is a protective order - Then he apparently went and violated that protective order, Now there will likely be a trial to determine not if he is an abuser (that's already been determined) but rather whether he violated the protective order that was issued because he was found to be an abuser. There will not be a jury just a judge. But wait a minute, you remember hearing somewhere that people are entitled to a jury trial, right? - well not in dirt cheap good 'ol boy North Carolina you aren't - at least not at first.. You see they get around the old constitutional right to a jury trial by allowing you to appeal and have a new trial with a jury later. So what does he face? Well if she shows (and she likely will if she was subpoenaed this time), her evidence will be presented and then his evidence may be presented and a Judge will decide. Of course, it was likely a condition of the protective order that he not contact her and well since you kinda sorta already admitted in your question that he e-mailed her 'too much' - he will likely be found guilty.and may even go to jail. At this point, his best bet is to obey the protective order, stop contacting her and listen to the advice of his attorney..
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