Nine months ago I posted about a client charged with escape in 2005 but not brought before the court and indicated on the charge until 2017. During those intervening years my client was incarcerated. That case was dismissed and you can read about it here.
In late 2018 I started representing a client charged with assault in 2014. A review of the court docket makes it appears as if my client simply absconded from the court. But nothing could be further from the truth.
On the date of the alleged assault, my client was not arrested. Law enforcement responded to an incident after the incident allegedly occurred. Officers took statements from the alleged victim and my client. My client was not arrested at that time.
Several days later the State filed an assault complaint against my client. The State attempted to serve a summons via mail to my client's last know address but service failed. My client did not appear for his arraignment and the court issued a warrant for his arrest. It wasn't until over four years later he was arrested on the warrant.
So what's the issue? On the same day the State filed the assault complaint, my client was incarcerated in another county. He was subsequently sentenced to two years incarceration. My client was in the State's custody for two years while they supposedly had an active warrant for his arrest and no one ever served it on him. To make matters worse - for the State - he was released from prison after serving his two years while there was an active warrant for his arrest on the assault charge without anyone notifying him of the pending case. The State absolutely failed to notify my client of the pending charges.
I recently filed a Motion to Dismiss the case against my client based upon the State's delay in prosecuting the case. I fully expect at the hearing on the motion the case will be dismissed as the State, no matter how hard it may try, can justify delaying execution of a warrant and prosecution of this matter when my client was in the State's custody for two years and then released him from prison with an active warrant.
I have yet to receive a date for the hearing - assuming the State even wants to proceed with one and doesn't just dismiss the case (as they should). I will update this post once a hearing is held and decision by the court has been issued.
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The Nicodemus Law Office, LPA
Phone: 740-422-9280
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Showing posts with label Violent Offenses. Show all posts
Showing posts with label Violent Offenses. Show all posts
Monday, January 7, 2019
Wednesday, January 17, 2018
Crimes of Violence - Overview
Crimes of violence can range from lower-level misdemeanors to serious felonies.
Unlike other crimes, crimes of violence necessarily involve third parties and
that party's desires factor heavily into the State's prosecution of the
case. The more harm to the other party, the more the State is likely to seek
maximum penalties.
Domestic violence and awareness of domestic violence receives immense media coverage and public awareness. Domestic violence and its elimination has become a priority for legislatures and law enforcement. An allegation of domestic violence can stigmatize a person, let alone being charged with or convicted of domestic violence. Defending yourself against domestic violence is not easy since the alleged crime usually occurs in isolation with no witnesses other than the accused and the alleged victim.
However, a vigorous defense is necessary as domestic violence is an enhanceable crime. What does it mean that domestic violence is an enhanceable crime? It means that once convicted of domestic violence the level of offense of any future allegations of domestic violence could be escalated. A brief example will illustrate the severity of an escalation.
Domestic violence - knowingly causing or attempting to cause physical harm to a family or household member - is a first degree misdemeanor for a first offense, punishable by up to a $1,000 fine and one-hundred eighty (180) days in jail. Suppose a person, with no prior criminal history, is charged and convicted of making domestic violence threats, a fourth degree misdemeanor punishable by a fine and up to thirty (30) days in jail. If that person is later accused of domestic violence he or she could not be charged with a first degree misdemeanor but could be charged with a fourth degree felony. Additionally, if convicted of a felony domestic violence charge, the person could face a mandatory prison term.
The Nicodemus Law Office has successfully represented persons charged with crimes of violence, including felony domestic violence. If you have been charged with or investigated in connection with a crime of violence, contact the Nicodemus Law Office at 740-422-9280 or complete the CONTACT FORM to schedule your appointment and protect your rights.
Domestic violence and awareness of domestic violence receives immense media coverage and public awareness. Domestic violence and its elimination has become a priority for legislatures and law enforcement. An allegation of domestic violence can stigmatize a person, let alone being charged with or convicted of domestic violence. Defending yourself against domestic violence is not easy since the alleged crime usually occurs in isolation with no witnesses other than the accused and the alleged victim.
However, a vigorous defense is necessary as domestic violence is an enhanceable crime. What does it mean that domestic violence is an enhanceable crime? It means that once convicted of domestic violence the level of offense of any future allegations of domestic violence could be escalated. A brief example will illustrate the severity of an escalation.
Domestic violence - knowingly causing or attempting to cause physical harm to a family or household member - is a first degree misdemeanor for a first offense, punishable by up to a $1,000 fine and one-hundred eighty (180) days in jail. Suppose a person, with no prior criminal history, is charged and convicted of making domestic violence threats, a fourth degree misdemeanor punishable by a fine and up to thirty (30) days in jail. If that person is later accused of domestic violence he or she could not be charged with a first degree misdemeanor but could be charged with a fourth degree felony. Additionally, if convicted of a felony domestic violence charge, the person could face a mandatory prison term.
The Nicodemus Law Office has successfully represented persons charged with crimes of violence, including felony domestic violence. If you have been charged with or investigated in connection with a crime of violence, contact the Nicodemus Law Office at 740-422-9280 or complete the CONTACT FORM to schedule your appointment and protect your rights.
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