Q: My boyfriend has been charged with ASSAULT FAMILY/HOUSEHOLD MEMBER W/PRE conv. His bond conditions say victim unknown?
Is that normal for them to list a victim unknown or is this a paperwork error that could result in dismissal?
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A:
There is a problem with a victim not being named. Sometimes, the name is a "Jane Doe" to protect the victim, but victim unknown is too vague to stand up to a motion to dismiss.
It does depend, whether or not, the written charges are by Indictment or by Information. By information can only last 90 days, if it is for a Felony charge. If the DA is charging him w a felony, there MUST be an Indictment w/in 90 days of arrest. The Indictment must name the date, time, place and ID the victim, otherwise there is a violation of the 5th and 6th Amendments to the US Constitution. This could be reasons to dismiss the case.
Be sure to get a good lawyer.
Good Luck!
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