Does anyone know if you are being charged with a criminal offence, if the person that filed the charges doesn't show up to court will the case be thrown out. This is a question about the first question I asked about the car situation I am in. Thanks for your help.
2006-10-05 05:15:21 · 11 answers · asked by Amanda T 2 in Politics & Government ➔ Law & Ethics
Also, I have never been to court (besides child support) would this be condidered the 'preliminary hearing', I was told to go in and request a court appointed attorney and also ask for a jury trail...we are thinking that if I have a jury trail, they would be apt to see the whole thing rather than the Judge being 'law law law', I have gotten sooo many different answers from different attorney's I am soo lost. I am really hoping that the judge would take into consideration they are getting ready to have another car repoed and their past history with the law !!! But I am also thinking that these 'friends' are from Morgan County and that is where this trail is too, and I have come to conclusion they are all a bunch of red neck no good people down there and would and will do anything they can to screw you. I guess that is what I get for trying to help someone out in need, I guess I will think twice next time.
2006-10-05 05:44:39 · update #1
Nothing against Red Necks because I am just as guilty of being one, just not a crooked one.
2006-10-05 05:45:31 · update #2
OK, the initial court appearance is typically called arraignment which is where you plead guilty or not guilty, notify the court of who your attorney is or request a public defender if you can not afford one, and state whether you would like a jury or judge trial. You should plead not guilty and request a jury trial. Your plea and request can be changed at a later date if you so choose. You should also have some basic financial information (like how much you get paid and what your expenses are) with you, some courts require you to fill out a financial disclosure statement in order to be eligible for a public defender. The person who filed the charges does not have to show up until they have been subpoeaned as a witness if the State feels their testimony is necessary to prove the charges against you, which it may or may not be.
2006-10-05 10:20:34 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I read your first question and have a slightly clearer picture.
If the person never registered the car in their name and you claimed it while your name was still on the car...you did not steal it. Not from what I can tell.
So now here is the thing.
Did the person pay your for the car?
It was not put in their name so the documentation shows that you are legally allowed to obtain the car, which you did.
If the person does not show up to court to argue the case, you can ask for the case to be dismissed.
If they deny the dismissal, find out when the next court date is set. Call the court house consistently until you get an answer. Or better yet go to the court house and each time you ask if it has been rescheduled, insist on a receipt showing that you inquired to this situation. This looks good in the courts to show that you are not trying to avoid this legal matter if something is scheduled and you were not notified.
Good luck.
2006-10-05 05:25:35 · answer #2 · answered by nordic_winds1969 2 · 0⤊ 0⤋
The answer to THIS question is your "friend" didn't press charges against you. If you read the summons it probably says The State of ___ vs. You. No, it will not be thrown out if your friend does not show up. They'll reschedule or just go with the evidence they already have.
[your first question]
...I got the summons the other day and the detective has the VIN number wrong in the affidavit and a few other things, the judge approved it, wouldn't that be perjury on the detectives & prosecuters part?
No, it would not be perjury. Perjury is: the crime of intentionally lying after being duly sworn (to tell the truth) by a notary public, court clerk or other official. That doesn't seem to be the case here. A mistake is not perjury.
2006-10-05 05:21:39 · answer #3 · answered by Zelda 6 · 1⤊ 0⤋
The decision ultimately rests with the judge in the case. He or she may grant a continuance to allow the matter to be handled at a later date if the complainant/witness doesn't show. Unless the matter before the court is one of high importance, such continuance of the case is rarely granted repeatedly. The prosecutor will certainly have an opinion, and would be the one to request such a continuance in the case.
2006-10-05 05:24:27 · answer #4 · answered by CJ 2 · 0⤊ 0⤋
Criminal charges become part of the public record. If you attended court and the charges were immediately nolle prossed or dismisses, then you should seek to have your record sealed (sometimes called expunged). If you do not have the case sealed, it will still be public record that can be found during a records search.
2006-10-05 05:42:08 · answer #5 · answered by Anonymous · 0⤊ 0⤋
you've the right to a legal specialist and the courts will employ one for you in case you could't arise with the money for one. i does no longer recommend appearing in court devoid of one. usually for an offence which contain this you'd be searching at a small fantastic of about $one hundred fifty yet you could also finally end up with a criminal record which has far broader implications. Get the legal specialist and in case you do not opt for to "wrestle" the fee then a minimum of safeguard your self to make confident you mitigate the consequences as a lot as conceivable.
2016-11-26 04:04:22 · answer #6 · answered by flausino 3 · 0⤊ 0⤋
I don't know where you are, but generally, if the complainant doesn't show up the case will be dismissed, if your attorney asks. Also, the complainant may be given another opportunity to show up.
2006-10-05 05:17:33 · answer #7 · answered by Anonymous · 0⤊ 0⤋
i am right now being charged with assult and battery and i have been to court and sher didnt show up because she was afriad that i was going to beat her up again by the way i am a girl and my case hasnt been dropped
2006-10-05 05:24:16 · answer #8 · answered by duckie 2 · 0⤊ 0⤋
Criminal charges are filed by the GOVERNMENT, not individuals. When you are arraigned, there will be a prosecutor to make the charges and advise bail.
2006-10-05 05:17:59 · answer #9 · answered by Anonymous · 2⤊ 0⤋
Not necessarily.
However, if there's no evidence to present at trial without that person, and they don't show up, then yes, it will be dismissed.
2006-10-05 05:30:05 · answer #10 · answered by open4one 7 · 0⤊ 0⤋