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Author Topic: Assualt and Battery: I have a question...  (Read 724 times)

800pounds

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Assualt and Battery: I have a question...
« on: April 02, 2011, 07:21:24 AM »
*Frank was arrested and charged with domestic assault and battery but the charges were dismissed, assumingly because his then girlfriend didn't want to testify against him. According to the police report, Frank choked his then gf. And in the P.R, the girlfriend claims he has done this before. This incident transpired a few years ago. Recently, *Baina who dated Frank filed criminal charges against him, A&B and false imprisonment. The clerk found their was probable cause and set forth a hearing date. Baina intends to bring the police report and court records of his arrest and charge from a few years ago, as evidence, to prove Frank has an abusive nature to women he has been in a relationship with.

Will the hearing likely be successful? What will likely happen to Frank?

john4040

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Re: Assualt and Battery: I have a question...
« Reply #1 on: April 02, 2011, 07:04:29 PM »
*Frank was arrested and charged with domestic assault and battery but the charges were dismissed, assumingly because his then girlfriend didn't want to testify against him. According to the police report, Frank choked his then gf. And in the P.R, the girlfriend claims he has done this before. This incident transpired a few years ago. Recently, *Baina who dated Frank filed criminal charges against him, A&B and false imprisonment. The clerk found their was probable cause and set forth a hearing date. Baina intends to bring the police report and court records of his arrest and charge from a few years ago, as evidence, to prove Frank has an abusive nature to women he has been in a relationship with.

Will the hearing likely be successful? What will likely happen to Frank?

Who in the world is Baina?  Unless she's a prosecutor, she can't technically "file" criminal charges against Frank.  Is she the "then gf" of Frank that was choked? If so, and assuming that she is "pressing charges" against Frank, there might be an issue with the statute of limitations.  What type of "hearing" will Frank be attending? Apparently the magistrate or judge has already found probable cause - is this an arraignment?  If Baina intends to use the police reports of Frank's past beatings of other girlfriends, she will run into hearsay and 404(b) problems.  Of course, there are exceptions to hearsay and 404(b).

FalconJimmy

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Re: Assualt and Battery: I have a question...
« Reply #2 on: April 02, 2011, 08:42:01 PM »
 I would advise fellow forum members to be exceedingly careful about dispensing legal advice if you are not yet admitted to the bar.  Perhaps it'd never happen, but you'd be dancing dangerously close to practicing law without a license.


john4040

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Re: Assualt and Battery: I have a question...
« Reply #3 on: April 02, 2011, 11:39:15 PM »
I would advise fellow forum members to be exceedingly careful about dispensing legal advice if you are not yet admitted to the bar.  Perhaps it'd never happen, but you'd be dancing dangerously close to practicing law without a license.

I have passed the bar.  However, this is a hypothetical, and I am not giving legal advice.

FalconJimmy

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Re: Assualt and Battery: I have a question...
« Reply #4 on: April 03, 2011, 08:30:16 AM »
I would advise fellow forum members to be exceedingly careful about dispensing legal advice if you are not yet admitted to the bar.  Perhaps it'd never happen, but you'd be dancing dangerously close to practicing law without a license.

I have passed the bar.  However, this is a hypothetical, and I am not giving legal advice.

Then you have nothing to fear.  Hence the whole "if you are not yet admitted to the bar" thing.  But this scenario doesn't appear to be hypothetical.

john4040

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Re: Assualt and Battery: I have a question...
« Reply #5 on: April 03, 2011, 01:57:27 PM »
But this scenario doesn't appear to be hypothetical.

I dunno.  If this isn't a hypothetical, OP should get in contact with an attorney because no one could possibly give a complete and informed answer to your question with the limited information you have provided.