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My ex-fiance beat me and put me in the hospital. I filed charges against him. He weaved his prelimanary hearing, and was schuduled to be arraigned March 8th, but when I got there they told me he didn't have to show up because his Public Defender had already arraigned him out of court. What is this called and what does it mean? I have one child with him and am 8 months preganent with our second, I am trying to get him served with child support papers and a Protection from Abuse Order, but he keeps avoiding court. His Lawyer will not give us the address to have him served. The address he gave court was his mothers address and she said he was not welcome back at her house. She has not seen nor heard from him and does not know were to send his mail! How can I get his address to have him served with these papers?

2007-03-09 01:06:42 · 3 answers · asked by JEN 1 in Politics & Government Law & Ethics

3 answers

There's no word for an arraignment done out of court. A person accused of a crime can waive arraignment and enter a written plea. A arraignment is a 5 minute procedure where the defendant is read his rights and enters a plea. It's not uncommon to waive it. It's really pretty meaningless. You should know that it is absolutely impossible for him to avoid Court ultimately. Even he pleads guilty to everything, he MUST appear for the sentencing. You can talk to cops and get him served or you can track his case and serve him when he does finally appear. You can hire a lawyer and have him served by publication by alleging he's intentionally avoiding service of process. Sorry this is moving so slowly for you,. but your right to support runs from the date you filed your motion, so the delay just means you get an Order for lump sum arrearages and a fixed amount for future payments

2007-03-09 01:32:14 · answer #1 · answered by David M 7 · 0 0

An arraignment is very short and typically does not happen out of court. Your ex would have been brought before the judge. The judge would explain why he was being charged. He or she would ask your ex if he pleads guilty or not guilty. If you ex pleads guilty then either they can sentence him right there or set another date for sentencing. If your ex pleads not guilty then a pretrial date will be set a few weeks or a month from now.

I understand that you want to follow through and make sure justice is served. However, your presence is not necessary unless this case goes to trial. Court hearings are public and you're allowed to be in any type of hearing he has, however, you won't get your say unless it goes to trial.

His lawyer does not have to give you, the victim, information. He would be in violation of lawyer/client confidentiality.

As for getting him served, that is difficult to answer. Do you have a phone number for him? It's easy to get an address if you have a landline number. Do you know where he works? He can always be served there or the papers can be given to a supervisor. Some judges would allow the papers to be served on his mother because she probably knows where he is.

2007-03-09 01:59:01 · answer #2 · answered by Lisa S 3 · 0 0

Whdn asked in case you comprehend the costs and your rights, in simple terms say no. while you're asking abotu them right here, you of course do no longer. you could nicely be entitled to criminal representation from the customary public Defender or a criminal help place of work. while you're, take it, till you experience the presented plea good purchase is relating to the main suitable you will do. the different description replaced into precise. you will pass till now the choose and a stattement of costs would be study. then you would be asked the way you plead. remember for the destiny that in the time of many jurisdictions, a 2d such fee interior a undeniable type of years is a criminal.

2016-11-23 17:08:14 · answer #3 · answered by Anonymous · 0 0

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