I was choked, and slammed against the counter, have pictures of all the injuries, but no witness. How do I make these charges stick? I have a major back injury due to this and have not MET with my prosecuting attorney, only talked with the victims advocate. We may be at impass . Do I have a case for trial?
2006-10-17 04:24:48 · 13 answers · asked by ladygator_77 1 in Politics & Government ➔ Law Enforcement & Police
Unfortunately all you can do is whatever the DA tells you to do. Gather medical records, write a victim impact statement, make sure there are pictures of your injuries, and cooperate with whatever they ask you to do. Keep in touch with your advocate, but do not be a nuisance to the DAs office. It's not uncommon for the victim to have very few if any conversations with the DA, and for the DA to communicate with the victim through the advocate. The ball is in their court to help you now.
But, take advantage of the victim services in your community. Request that your advocate petition for an OP on your behalf as well as restitution for your medical bills. She can also assist you in filing a New York State Crime Victims Board claim to reimburse you for any cost, if you can not get them from the perpetrator. Also, take her up on any free counseling services available in the community.
The whole process can be very long, drawn out, and frustrating. And for now, you are a passenger, not a driver. Take care of yourself, and put your trust in to the ADA to get justice for you.
Best of luck
2006-10-17 08:20:17 · answer #1 · answered by Anonymous · 0⤊ 0⤋
~YOU don't make the charges stick. You are not a party to the case. The case is between the People of the State of New York and the defendant. The DA is not your lawyer and the DA has full prosecutorial discretion to whatever with the case he deems fit. You can bring your own civil case to address your injuries and consequent damages.
Being choked and slammed against a counter does not, without more, constitute assault. The back injury may get you there, assuming there is adequate proof of intent to injure and no justification. Your question is devoid of sufficient detail to determine whether or not an assault occured. Leave the DA alone and let him/her do his/her job. The DA doesn't need to talk to you unless and until the case is ready for trial or grand jury presentation. You are a witness and nothing more and will have little or nothing to do with how the case is processed.
2006-10-17 04:45:16 · answer #2 · answered by Oscar Himpflewitz 7 · 2⤊ 0⤋
the prosecutor decides what goes to trial. if the case warrants prosecution they usually offer the defendant a plead bargain first. you have to be proactive in this. put pressure on the prosecutor and relay the fact that you want the maximum penalty under law. this sounds like a simple assault & battery case. chances are that he / she will not be going to prison. none the less the prosecutor is the one that decides. you can only make you wishes known to the prosecutor. your story is a bit vague and i'm sure the other side has a different version of the story. was this a random attack or did you know the attacker. certain circumstance may decide which way the prosecutor take the case.
2006-10-17 04:52:16 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Listen to all of these people. Your personal case will be a civil one. Speak with an attorney about protecting YOUR right to be compensated for your injuries. As for cirminal, if the DA gets a grand jury to indict, then you will hear from that DA. If not, then it will either be dropped or handled at the misdemeanor/violation level. Me, I'd wait for retribution...but I am a psycho.
2006-10-17 05:15:14 · answer #4 · answered by irish_american_psycho 3 · 0⤊ 0⤋
If this is going to court in New York City (Manhattan, Brooklyn) it isn't going to be worth your time. You will have to spend so many days going to court, chasing down attorneys and making a fuss, that it just isn't worth it. I had a similar situation, and I was gung-ho to put this cat in jail, but after a few days of the run-around, and court appearances being cancalled, I just couldn't afford to miss anymore work. The criminal ljustice system in NYC is a nightmare, and I even had a good connection in the form of a friend that's an assiatant D.A. Good luck, but in my opinion, your time is better spent doing something nice for yourself to speed your recovery.
2006-10-17 04:35:42 · answer #5 · answered by Anonymous · 0⤊ 0⤋
I am not sure if you have a case for trial...I WOULD be at the procecutor's office and make them sure to know that you want to go to trial. You need to know that you certainly have a civil case. This means that you go to civil court (you are currently dealing with criminal court) and sue him for monetary damages for your injuries. You win there and they attach his wages, any property, etc. so that you get your money. Don't give up. Good luck!
2006-10-17 04:34:01 · answer #6 · answered by tieia 4 · 0⤊ 0⤋
YOU don't have a criminal case, the state does. However; you have a good shot of a personal injury lawsuit on the civil side.
Contact an attorney.
2006-10-17 04:48:43 · answer #7 · answered by tallerfella 7 · 0⤊ 0⤋
The standards for criminal proscecution and civil proscecution are different, and specifics can vary from locale to locale. Criminal means you need to move beyond a reasonable doubt, but Civil means you have to prove that person was very probably liable for your claim.
Hope that helps.
2006-10-17 04:34:41 · answer #8 · answered by Big Blair 4 · 0⤊ 0⤋
i don't probable think of you have a super number of an attack case here. in case you quite care adequate to do something approximately it, record him to the bus driving force, or maybe your central. in my opinion, i could in simple terms enable it bypass. it quite is all severe college drama that as quickly as you're out of there, you will not supply 2 sh-ts approximately. EDIT: in reaction to your added concepts: i know what it quite is opt for to bypass to a severe college the place the administrators do not supply a sh-t. My college in Texas become continuously ranked close to the backside. yet in actuality that they have got a criminal criminal accountability to work out to it that scholars are actually not being bullied, and are risk-free on campus, in the time of extracurricular events, bus rides, etc... i could advise reporting it to them besides. in the event that they don't do something to chop back his habit, bypass to the school board. If the school board would not do something, then bypass to the police. the priority with your situation is that one remoted incident of him throwing a pen at you isn't adequate to press attack rates against somebody. in case you bypass to the central, college board, etc...Your lawsuits will then a minimum of be documented and verifiable. this could assist you're able to desire to you opt for the police at a later time.
2016-11-23 15:58:10 · answer #9 · answered by ? 4 · 0⤊ 0⤋
Go to your local paper and ask for witnesses to come forward and have you name and phone number on the ad so they can contact you and then you can tell them who to talk to and so forth.
Good luck on finding a witness or 2.
2006-10-17 04:33:44 · answer #10 · answered by Anonymous · 0⤊ 0⤋