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  #101  
Old 05-28-2019, 08:55 AM
Bijou Drains is online now
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as I said above what is likely to happen is I won't testify. She will take a 12 week class and charges are then dismissed since it's a misdemeanor case. The class option is similar to cases where someone does community service to get charges dismissed for other misdemeanors.
  #102  
Old 05-28-2019, 08:25 PM
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Originally Posted by Bijou Drains View Post
as I said above what is likely to happen is I won't testify. She will take a 12 week class and charges are then dismissed since it's a misdemeanor case. The class option is similar to cases where someone does community service to get charges dismissed for other misdemeanors.
I think some of us are worried that if it does go to court and you are called to testify that you'll get yourself in trouble trying to protect her.
  #103  
Old 05-29-2019, 08:21 AM
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the odds of me testifying are very, very low. And I will simply tell the truth and there is also the police report that will verify what I say.
  #104  
Old 05-29-2019, 02:35 PM
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Major screw up by the court - my letter says the court time is 2 PM. The DA looked it up and it's 9 AM. Good thing I know that and did not miss the court session by showing up late.
  #105  
Old 05-31-2019, 09:15 PM
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And what happened?
  #106  
Old 06-01-2019, 11:36 AM
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And what happened?
Given that he's been posting yesterday and today, I doubt we're going to find out.
  #107  
Old 06-01-2019, 02:25 PM
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court hearing is in 3 weeks. I will talk to assistant DA , she talks to her lawyer. They get together and make her an offer which will likely be to take the class to get charges dismissed. This info comes direct from the DA office who I talked to this week.
  #108  
Old 06-01-2019, 03:01 PM
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That's quite common in cases of domestic violence.
Not that common. Most domestic violence cases are minor and fall under the ďhe said/she saidĒ category. There may be probable cause for an arrest but without the victim testifying there usually isnít enough for beyond a reasonable doubt. Which is why they most often go for some sort of deal like the OP is describing.

Quote:
Originally Posted by Bijou Drains View Post
court hearing is in 3 weeks. I will talk to assistant DA , she talks to her lawyer. They get together and make her an offer which will likely be to take the class to get charges dismissed. This info comes direct from the DA office who I talked to this week.
Which is pretty much what Iíve been describing in post 53 and other posts. Itís a very common solution across many different jurisdictions.
  #109  
Old 06-16-2019, 01:41 PM
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Court hearing is next week (26th) and before that I will go down to court to watch how it goes for other people. Even though I know the basics of what should happen I figure it can't hurt to see it in person before I show up for my court date.
  #110  
Old 06-17-2019, 08:14 PM
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Going in advance is a good idea, but remember that it's not your court date, Bijou. You're not a party to the case.
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  #111  
Old 06-17-2019, 09:48 PM
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Going in advance is a good idea, but remember that it's not your court date, Bijou. You're not a party to the case.
I expect he was subpoenaed as the victim/witness.
  #112  
Old 06-18-2019, 08:15 AM
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yes I know I am just a witness for the case.

I got a subpoena via a phone call which I guess is what they do now for some cases. At first I did not realize the call was a subpoena since they did not say that on the call which they should. I looked into it and saw that a phone call is now allowed for a subpoena. Also I saw the list of cases for the date/time and they are all domestic violence for that courtroom . They have separate court rooms for speeding, DWI ,general crime, etc.
  #113  
Old 06-18-2019, 09:17 AM
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If they are telling you that you are ordered in the name of the state to appear in court on a date certain, that is a subpoena. The idea of telephone subpoenas (which are apparently permissible in NC) is just bizarre to me, but whatever.

My only contribution to this thread is that you should ignore everything that SamuelA has posted. And good luck.
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  #114  
Old 06-18-2019, 03:17 PM
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went to court today to observe other cases. I don't expect people to dress up with a tie, but it seems now T shirts and ripped jeans are OK if you are the defendant in a criminal case. Only people with ties or nice pants/shirt were the lawyers and judges. I expected to at least see polo/golf shirts with a collar but I don't think anybody bothered to wear that.

One kid around 17 was caught shoplifting DVDs more than once. Judge said "you are a bad criminal, you need to find another career" and said if he does not stay in school he is going to jail.
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