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Fairfax Underground
Welcome to Fairfax Underground, a project site designed to improve communication among residents of Fairfax County, VA. Feel free to post anything Northern Virginia residents would find interesting.
Welcome to Fairfax Underground, a project site designed to improve communication among residents of Fairfax County, VA. Feel free to post anything Northern Virginia residents would find interesting.
domestic assault court summons
Posted by:
JP
()
Date: January 04, 2014 11:29PM
Since the middle of Sep I have been trying to break up with my ex boyfriend. He calls and texts me like 20 times a day, shows up at my home, and at my work where I have to get him escorted away. Since the begining of dec when he found out i have a new boyfriend he has been going crazy with extravagant lies and stories just to communicate with me. Over 1,ooo dollars worth of stuff was stolen fcrom my place and he told me people with guns came from d.c. and stole my stuff and he saw it at a barber shop.
So on 2 Jan at abour 445 p.m. I went to the chantilly police station and filed a report and the officer said they would contact my BF and give him a no contact order. The next morning at 10 a.m. he went to the magistarte office and filed a domestic assault charge on me. He stated it was approx in the middle of october in which we were not together and I didnt even see him...nor did anything occur. From that time to now there has not been any police reports filed nor were the police ever called.....nor did anything even occur. He makes up these lies and now he is out to get me. On 2 Jan he text my friend saying he wants to get ahold of me to give me back my stuff and 600 bucks......and I either block his texts or tell him to quit contacting me from the 4 different numbers he tries to contact me with.
Now I have to go to court in 3 weeks, I have no money to afford a lawyer.....how can i get a public defender apoointed to me and what should I do? Please help, I'm going to the court house on monday to file a restraining order...........
So on 2 Jan at abour 445 p.m. I went to the chantilly police station and filed a report and the officer said they would contact my BF and give him a no contact order. The next morning at 10 a.m. he went to the magistarte office and filed a domestic assault charge on me. He stated it was approx in the middle of october in which we were not together and I didnt even see him...nor did anything occur. From that time to now there has not been any police reports filed nor were the police ever called.....nor did anything even occur. He makes up these lies and now he is out to get me. On 2 Jan he text my friend saying he wants to get ahold of me to give me back my stuff and 600 bucks......and I either block his texts or tell him to quit contacting me from the 4 different numbers he tries to contact me with.
Now I have to go to court in 3 weeks, I have no money to afford a lawyer.....how can i get a public defender apoointed to me and what should I do? Please help, I'm going to the court house on monday to file a restraining order...........
Re: domestic assault court summons
Posted by:
Liberal Logic 35
()
Date: January 04, 2014 11:39PM
Youll automatically get a public defender appointed to you.
If your story is true it wont take long to figure out hes the one with the screw lose. Your attorney will tell you what to do but if you really have been telling him to stop in text messages you can get a copy of the texts from the phone company, and if he shows up somewhere just start calling the police
If your story is true it wont take long to figure out hes the one with the screw lose. Your attorney will tell you what to do but if you really have been telling him to stop in text messages you can get a copy of the texts from the phone company, and if he shows up somewhere just start calling the police
Re: domestic assault court summons
Posted by:
JP
()
Date: January 04, 2014 11:43PM
When will the public defender be appointed to me the day of court? Do I have to attend an advisement hearing or something for them to determine if I qualify? The phone company will not give me the texts without a court order....but i do have all of them saved on my phone.
Should i contact the public defenders office?
Thanks for your help
Should i contact the public defenders office?
Thanks for your help
Re: domestic assault court summons
Posted by:
Liberal Logic 35
()
Date: January 04, 2014 11:46PM
JP Wrote:
-------------------------------------------------------
> When will the public defender be appointed to me
> the day of court? Do I have to attend an
> advisement hearing or something for them to
> determine if I qualify? The phone company will
> not give me the texts without a court order....but
> i do have all of them saved on my phone.
If the accounts in your name the company will give you a copy if you request it. If the phones in someone elses name then you would need something from the court. Keep them saved though.
You might have to attend something to see if you can use a public defender free, but youll get one if you dont have a lawyer for a case like that.
> Should i contact the public defenders office?
It cant hurt to try.
-------------------------------------------------------
> When will the public defender be appointed to me
> the day of court? Do I have to attend an
> advisement hearing or something for them to
> determine if I qualify? The phone company will
> not give me the texts without a court order....but
> i do have all of them saved on my phone.
If the accounts in your name the company will give you a copy if you request it. If the phones in someone elses name then you would need something from the court. Keep them saved though.
You might have to attend something to see if you can use a public defender free, but youll get one if you dont have a lawyer for a case like that.
> Should i contact the public defenders office?
It cant hurt to try.
Posted by:
chuckhoffmann
()
Date: January 05, 2014 12:42AM
Edited 1 time(s). Last edit at 03/14/2014 05:05PM by chuckhoffmann.
Edited 1 time(s). Last edit at 03/14/2014 05:05PM by chuckhoffmann.
Re: domestic assault court summons
Posted by:
WESO
()
Date: January 05, 2014 02:03AM
Is his name Darren and are you Melissa?
Re: domestic assault court summons
Posted by:
Courthouse
()
Date: January 05, 2014 06:47AM
Chuckhoffman is right about being proactive.
However, that first court date (in 3 weeks or so) is not your trial date. It is an Advisement hearing, where a clerk (not a judge) will inform you (and about 20 or 30 other defendants) of your court date for trial, as well as your attorney status. It is at this first hearing where you may ask for a financial interview to see if you qualify for court-appointed counsel.
Liberal Logic 35 is also correct that any attorney (with your help) should be able to have this BS charge thrown out by even the most credulous of judges.
However, that first court date (in 3 weeks or so) is not your trial date. It is an Advisement hearing, where a clerk (not a judge) will inform you (and about 20 or 30 other defendants) of your court date for trial, as well as your attorney status. It is at this first hearing where you may ask for a financial interview to see if you qualify for court-appointed counsel.
Liberal Logic 35 is also correct that any attorney (with your help) should be able to have this BS charge thrown out by even the most credulous of judges.
Re: domestic assault court summons
Posted by:
Ct roomm
()
Date: January 05, 2014 08:56AM
When you are interviewed for public defender, you only have to state your income. There is no income verification. So in essence, everyone qualifies for free counsel.
Re: domestic assault court summons
Posted by:
ka
()
Date: January 05, 2014 11:54AM
Call the Domestic Violence Action center 703-246-4573 (Monday through Friday 8 a.m. to 4 p.m.). As a victim of stalking, you can ask them for help and they can advise you on how to proceed.
Re: domestic assault court summons
Posted by:
Howie
()
Date: January 06, 2014 10:39AM
Yes if your story is true, it will be easy to see that he filed that charge as a simple retaliation to your filing.
At any rate, you will get public representation.
At any rate, you will get public representation.
Re: domestic assault court summons
Posted by:
.....
()
Date: January 06, 2014 12:05PM
By any chance were you abused during the relationship? If you have pictures of bruises, or any complaints that you filed, those can be used in your case.
Re: domestic assault court summons
Posted by:
Legal Warning
()
Date: January 06, 2014 01:15PM
Ct roomm Wrote:
-------------------------------------------------------
> When you are interviewed for public defender, you
> only have to state your income. There is no income
> verification. So in essence, everyone qualifies
> for free counsel.
Be careful of this. I believe they can prosecute you for intentionally understating your income in order to obtain a court appointed attorney, If you lose the cost of the court appointed attorney's representation can be added to the costs you are obligated to pay.
Also remember that court appointed attorneys only get limited compensation for representing indigent defendants. They do not have a financial incentive to leave no stone unturned in investigating and preparing your case.
-------------------------------------------------------
> When you are interviewed for public defender, you
> only have to state your income. There is no income
> verification. So in essence, everyone qualifies
> for free counsel.
Be careful of this. I believe they can prosecute you for intentionally understating your income in order to obtain a court appointed attorney, If you lose the cost of the court appointed attorney's representation can be added to the costs you are obligated to pay.
Also remember that court appointed attorneys only get limited compensation for representing indigent defendants. They do not have a financial incentive to leave no stone unturned in investigating and preparing your case.