Two of my friends that happen to be roomates got in a fight over the last weekend and I guess in the heat of the moment one of them (female) ended up going to police to file charges against her roomate(male). She basically lied saying that he hit her and wouldnt let her leave, whatever. Anyway the guy got picked up by the cops and was charged w/ misdeamenor 1st class for assault and class 5 felony for abduction/not allowing to leave(which doesnt make sence to me since she was able to go to the station to file charges). There are not a single scratch on her and I don;t even know how the police would even allow her to file charges. I believe there is still a restraining order against him but after talking to both of them they just want to work things out and drop the charges but apparently police would not let her drop the charges even though there is 0 proof that the guy did anything to assault her. They got a court date coming up in a few months and neither one of them has any record. I am just wondering since they wont let her drop the charges ( and she tried) would they just drop the charges in court since all they really want is to just work things out and be friends again and there is no physical proof for either charges?

Oh, I don't know if this matters but they never jailed him, they just let him go without a bond or anything after they interviewed him at the station and presented him with the charges. The guy is staying with me now until the restraining order is up and then they can go and work things out, the police told ME to make sure he doesn't go near her while a restraining order is in effect as he could get another charge if he violates it even though the female wants the restraining order dropped but I think they got another hearing scheduled to decide whether or not to extend the restraining order or not, I doubt they will as they both just want to work it out.

dude, seriously...

"the wisdom of the wise will perish, the intelligence of the intelligent will vanish."

If she doesn't show up to the court date they will most likely dismiss the charges after the first or second no show. However, the fact that she has been asking the cops to drop the charges doesn't help anything. Stop asking the cops, because they obviously want to see it through to fruition. Do not talk to the prosecutor, because if she does they will threaten to fuck w/ her about filing false charges, interfering w/ the prosecution of a crime, etc. If she doesn't show, the onus will be on the prosecutor to make sure she appears. They most likely will not want to go through the trouble of doing that and will let the judge either dismiss or nolle prosse the case. If you let the prosecutor become aware that the 2 are amicable, she could get in trouble. Under no ciurcumstance should she tell the cops or prosecutor that she made the shit up to get him in trouble. If she does she is fucked. next time tell that idiot never to involve cops in tiffs w/ friends unless someone is seriously fucked up. Otherwise it always ends badly for one or both parties, regardless of who is in the right.



Edited 1 time(s). Last edit at 05/11/2008 10:15PM by DeathByCop.

what do you suggest they do then? Won't they issue a warrant for not showing up to court for her? and if thats not an option then what is the next best thing to do? Thank you

I have agree with Gravis on this one.

"Death by cop" are you the new alias for Inka-whatever or are you just another jailhouse attorney with lots of experience with the system?

Also, does anyone on this board know the purpose of paragraphs? I swear, I can't even read all this crap because it hurts my eyes.

DeathByCop Wrote:
-------------------------------------------------------
> If she doesn't show up to the court date they will
> most likely dismiss the charges after the first or
> second no show. However, the fact that she has
> been asking the cops to drop the charges doesn't
> help anything. Stop asking the cops, because they
> obviously want to see it through to fruition. Do
> not talk to the prosecutor, because if she does
> they will threaten to fuck w/ her about filing
> false charges, interfering w/ the prosecution of a
> crime, etc. If she doesn't show, the onus will be
> on the prosecutor to make sure she appears. They
> most likely will not want to go through the
> trouble of doing that and will let the judge
> either dismiss or nolle prosse the case. If you
> let the prosecutor become aware that the 2 are
> amicable, she could get in trouble. Under no
> ciurcumstance should she tell the cops or
> prosecutor that she made the shit up to get him in
> trouble. If she does she is fucked. next time tell
> that idiot never to involve cops in tiffs w/
> friends unless someone is seriously fucked up.
> Otherwise it always ends for one or both parties,
> regardless of who is in the right.


I 100% understand what you are saying, but if she sticks to the story the guy might get fucked over even though he truly is innocent. What would you recommend for them to do and how to approach the situation. I think they would issue a warrant for her if she doesn't show up

Can't she just got to court and say she doesn't recall anything? Works on law and order all the time!

Oh Yeah....Obama has some territories to visit!
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opps......wrong thread.....but, WTF....

native. Wrote:
-------------------------------------------------------
> DeathByCop Wrote:
> --------------------------------------------------
> -----
> > If she doesn't show up to the court date they
> will
> > most likely dismiss the charges after the first
> or
> > second no show. However, the fact that she has
> > been asking the cops to drop the charges
> doesn't
> > help anything. Stop asking the cops, because
> they
> > obviously want to see it through to fruition.
> Do
> > not talk to the prosecutor, because if she does
> > they will threaten to fuck w/ her about filing
> > false charges, interfering w/ the prosecution of
> a
> > crime, etc. If she doesn't show, the onus will
> be
> > on the prosecutor to make sure she appears.
> They
> > most likely will not want to go through the
> > trouble of doing that and will let the judge
> > either dismiss or nolle prosse the case. If you
> > let the prosecutor become aware that the 2 are
> > amicable, she could get in trouble. Under no
> > ciurcumstance should she tell the cops or
> > prosecutor that she made the shit up to get him
> in
> > trouble. If she does she is fucked. next time
> tell
> > that idiot never to involve cops in tiffs w/
> > friends unless someone is seriously fucked up.
> > Otherwise it always ends for one or both
> parties,
> > regardless of who is in the right.
>
>
> I 100% understand what you are saying, but if she
> sticks to the story the guy might get fucked over
> even though he truly is innocent. What would you
> recommend for them to do and how to approach the
> situation. I think they would issue a warrant for
> her if she doesn't show up


She should be able to withdraw the restraining order. If she can't, tell her not to talk to anymore cops, prosecutors, and obey the restraining order till the court date. She won't get a warrant or anything for not showing up. They most likely will dismiss or the prosecution will ask for another court date. If they ask for a continuance then the prosecutors office will attempt to contact her about a new court date. She has to make herself impossible to get in touch w/ i.e. don't answer the phone unless she recognizes and don't answer the door if the sherrif comes to serve her. have someone else answer and say she not presently staying there and they do not know where she is.This way she can't get served by them leaving it stuck to the door However, if no one answers when they knock, they can leave affixed to the door, and that is considered just serve. If they can't serve her with a new witness supoena, she cant get in trouble for not showing to the second date. Then, the judge will most likely dismiss at the second date since the prosecution's main witness cannot be located. Now if you guys fuck in the process of doing this, there could be consequences. Your other option is going to the prosecutor and sayin you want to drop the charges, however they will try to stonewall you by threatening to bring charges against for false report of a crime and shit. it's a pickle, but mayeb you should discuss w/ a lawyer you know and could confide, i.e. a close personasl or family friend that is a lawyer. good luck

Btw, has she asked the prosecutor to drop the case, or just the cops???

talk to a lawyer who is of confidence!!!

First of all, Thank you. Second her friend(just divorced because her ex used to beat the crap out of her, supposedly) and the cops at the station were the ones to push her to press the charges, she was very hesitant but they told her its the right thing to do. Now she is crying her ass off and dont want the guy to get in trouble. They are both very good educated people, both served in the military with no prior record. The guy got a state appointed attourney as he thinks that since both parties just want to make peace and move on there is no need to waste money on a lawyer. They will have a month window between the time restraining order gets dropped and the actual court date. She has asked the witness protection services about dropping the charges as well as the cops (which by the way have not returned her calls) was told she cant drop the charges. They have also told her that if she doesnt show they(witness protection) will issue a bench warrant. I was there with the guy at their townhouse when the cops showed up. He is a big dude, bodybuilder type, 245lbs 6'0 tall and he owns a shotgun that is locked and stored away but it is in their house so I think there were about 30-45 officers that showed up at his house, I mean the whole street was just jammed packed with cops, I was scared shitless as neither one of us even thought that this what she was going to do and we definetely were not expecting the cops. I think about 7 cops stood around him to make sure he doesnt flea

Oh yea like I have mentioned, police questioned him, her, her friend and me. Magistrate has interviewed all of us as well before deciding to set a bond. Magistrate said something among the lines of " I dont believe this crap story" and let him go on a minimum unsecured bond. Bottom line is I have known both of them since high school and I was very surprised when she did this but I also know that the guy as big as he is has never put a finger on a women, I dont even remember the last time he fought anyone, his appearance is intimidating enough not to pick shit with him but he is a really cool dude. I just dont want to see him get locked up for this, while I was not there and dont know as to what exactly happen, I am 99% positive he didnt do any of the things he got charged with, not to mention there is not a single scratch on the girl. He could get a year in jail for the misdemeanor and up to 10 for the felony if found guilty andI just dont want either of them to get screwed in this situation

Look all I can say is this. If dude put his hands on her and now they just want to make it go away, the county won't be game w/ that idea, if it really happened and they believe it has. You can't expect the women's/witness group to budge because they deal with recantations all the time, that's why they are so gung ho. The cops don't give a fuck. If she doesn't show they won't issue a warrant unless the prosecutor believes she is trying to make it go away (which I'm sure the women's group will inform them of because she inquired w/ them, she should have never told them of her intentions). If she had never said shit, it would be easy as shit to pull off. Now that they now she wants to recant, they are going to pressure her w/ the threat of warrants and charges. Talk to a lawyer, to a real laywer that you can hold in confidence. it is the only solution. Since they know your angle, they will try and play hard ball and pressure you, but I still think there may be a way around it. Talk to a private pravtice lawyer. I know a girl who bit a cop when drunk, and got the felony assault on a cop dropped to misdemeanor simple assault, as well as nolle prosse on the drunk and public. talk to a lawyer, it's a more viable option than circumventing the law on your own w/ only a layman's knowledge of law!!

BTW he won't do ten for the felony assault. He could do up to a year for misdemeanor assault but that won't happen unless he has priors. same w/ the felony. Min. is 1, max is 5, but you won't get that unless you have priors. does he have a record??

Nope, clean record, just traffic violations, thats it. There is no evidence to her assault, like I have mentioned there is not a scratch on her. I am sure he will also speak with a lawyer but I am just trying to get any free advice that I can and I really thank you for any info.

No prob! I wish you and your friends the best of luck!!!

i wish your friends horrible luck as they are clearly stupid.


"the wisdom of the wise will perish, the intelligence of the intelligent will vanish."

Gravis, just curious. Were you raised by a single parent?

My dear gravis, this is native Wrote:
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> Gravis, just curious. Were you raised by a single
> parent?


No, probably his grandmother. The lack of a paternal or maternal presence would definitely explain the grandiose and callous animosity exhibited anonymously to unconnected fellow human beings in this forum.

My dear gravis, this is native Wrote:
-------------------------------------------------------
> Gravis, just curious. Were you raised by a single
> parent?

no.


DeathByCop Wrote:
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> No, probably his grandmother. The lack of a
> paternal or maternal presence would definitely
> explain the grandiose and callous animosity
> exhibited anonymously to unconnected fellow human
> beings in this forum.

wrong again.


thanks for playing!


"the wisdom of the wise will perish, the intelligence of the intelligent will vanish."

My dear gravis, this is native Wrote:
-------------------------------------------------------
> Gravis, just curious. Were you raised by a single
> parent?


Apes!

Did he have this poster on his wall?
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DeathByCop Wrote:
-------------------------------------------------------
> My dear gravis, this is native Wrote:
> --------------------------------------------------
> -----
> > Gravis, just curious. Were you raised by a
> single
> > parent?
>
>
> No, probably his grandmother. The lack of a
> paternal or maternal presence would definitely
> explain the grandiose and callous animosity
> exhibited anonymously to unconnected fellow human
> beings in this forum.



hey dude, got another one for you. He went to speak with his attourney and was told that a. if the girl doesnt showupto court they might think he is threatening her or have hurt her. b. the attourney said that he cant recommend this method as he wouldobstructing jusctice. BTW the girl has dropped the restraining order. Do you think this is just bs and threats or could they really hold himliable for her not showing up??? Thanks a lot bro

No wonder so many of you little bitches go to jail.