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Aggravated Assault Case

Criminal Law Discussion Forum

Aggravated Assault Case

Postby Eardly » Sat Mar 15, 2014 1:41 am

My problem requires criminal legislation for that state-of: Floridavictim is pregnantshe may be the only experience (recognized to her understanding)There's no proof, it is all heresay, she claimed he forced her, god-knows what he saidShe does not need charges pressed against him
What're her choices? Does it just be decreased while there is no research showing he pressed her, just her word against his? And the very fact she doesn't need the costs pushed?
Eardly
 
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Aggravated Assault Case

Postby Tzefanyah » Tue Mar 25, 2014 7:41 pm

The very fact that she is pregnant means that many California DAs are not likely to consider dropping the costs if they've any inkling that they could possibly get whether sentence or perhaps a plea.
Her choices? Sheis liberated to tell the DA that she does not need the case punished, but logically, it's not going to issue. When The state thinks they could make the case from the accused, they'll. They do not require a target to accept press charges (if they did, no homicide might actually be punished). The DA can also be likely to be performing for the extra target, the developing fetus, who does not obtain a say in what goes on. Offenses, including domestic abuse, are thought to be determined against ALL members of society, not only the instant target(s), and their state includes a responsibility towards the patients and the remainder of the city to follow legal issues if they believe they could make the situation. Whether or not they can effectively prosecute this specific situation, just the DA can tell. If there clearly was probable cause for police to help make the charge, then your DA needs to take a look at what they might be in a position to use within court - something from 911 calls received, additional possible witnesses, and the claims of police who taken care of immediately the picture (what they observed, what they were informed, etc.). Juries often think the very first thing believed to authorities regarding what occurred, and victims of domestic abuse are well-known to later make an effort to change their reports to safeguard the accused.
If she really wants to help towards the accused, she may find and/or purchase a criminal-defense lawyer on his account. Apart from that, once she described the crime, it is out-of her fingers in regards to what happens next or when the situation is likely to be punished or not. The clear presence of the infant (and hence a greater degree legal charge) provides the condition LARGE reason not to allow it to fall, but stranger things have happened.
Tzefanyah
 
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