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Failure to Appear at Arrainment

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Saxidani

Junior Member
Vermont State

I have posted the long story previously on this site, so I will just give an update in this one.

The woman who physically assaulted me in May was denied entrance into the Diversion program that was originally offered to her at that hearing last week. They found her not to be a qualified candidate for the program based on the offense and damages caused. She was then scheduled to appear in court today for her arraignment.

Now the day after she was denied entrance into the diversion program here in Vermont, they packed all of their stuff and in two days were gone. The police apparently were knocking on their door here in the duplex yesterday morning from what we have been told looking for them.

She did not show for the arraignment and the clerk there told me that the judge has ordered a summons to appear. According to the clerk they have rescheduled her arraignment for August 7th.

What does this mean? What happens now?

I have tried contacting the DA'S office and the Victim's Advocate but messages have not been returned and no one is answering their phones today.

Any help would be greatly appreciated.


(sorry about the typo in the title, couldn't figure out how to edit title)
 
Last edited:


Saxidani

Junior Member
Hi,

Thank You for the response. Yes, she was arrested the day of the incident. I had called 911 and local law enforcement arrested her on the spot. She was processed, booked, photgraphed, printed.... the whole nine yards according to the arresting officer.

She was scheduled for an appointment for arraignment and released that same night. Apparently they just scheduled an appointment for her to be arraigned and released her... I always assumed that you would be remanded until arraignment but I guess I was mistaken in that assumption...

I figured the same thing, that the failure to appear for a criminal arraignment would have given them reason to issue a warrant for her arrest, however all the clerk would tell me was that the judge rescheduled the arraignment for August seventh and issued a "summons to appear". I have no idea what that means for her or for this case.

Quite honestly, I feel that she is hiding, why else would she and her family move out of our duplex the morning after being denied Diversion. She knew that she was being kicked back to the courts, where she will face criminal charges, possibly face jail time, and pay damages for restitution.

My landlord was evicting them because of the assault on me and because they were smoking on a non-smoking property, which caused serious health issues for my daughter who has reactive airway disease.
They were fighting it tooth and nail, went far enough to verbally assault my landlords husband two days prior to the hearing for diversion saying that "no one was going to remove them from this house, and if the cops came to evict them he would f*** them up."

These people were definitely unbalanced... I just want to get damages paid so that I can repair the extensive damage to my vehicle and pay the medical bills...

I have been using google and I just am not turning anything up describing this type of situation. I'm also not having any luck getting in touch with the victims advocate for my county here in Vermont.

This seems really strange in my opinion, that she can get away with not showing up and the judge just rescheduling the arraignment like that....

I would imagine if I ever got a parking ticket and didn't pay it, and failed to show in court they would have the cops knocking on my door the very same day..... :D
 

garrula lingua

Senior Member
I didn't read your 1st post - sounds as though you are saying the offense was assault and battery & later you refer to what sounds like vandalism (that's why we only post on one thread & just update).

The court should have issued a warrant.

Possibly, she was released from custody on a bond (bailed out) or O.R. (own recognizance) with a court date of 8/7/2006.

In that situation, the court would have scheduled the date to when the police 'cited' her back (?8/7/06?), when she was released.

It's only a few weeks - she'll probably be arraigned on 8/7/06, or a warrant will be issued (or the case will be, again, set for arraignment, or pre-trial).
 

Saxidani

Junior Member
Sorry about that, let me clarify. She hit me with a heavy blunt object which after hitting me, then struck my vehicle. I had been standing next to my car, my little girl was in the car and I was making sure that I was inbetween her and my child.

Thanks for your help. If anything changes I'll update in this thread.
 

Saxidani

Junior Member
Just an Update

Well, She did actually appear at the scheduled arraignment for August 7th. The police could not track her down to serve her papers prior to the first arraignment in July becuase they high tailed it out of the building without notifying anyone after being denied entrance to the diversion program. Apparently they need to be physically served with papers for the arraignment prior to its scheduled time, in order to issue an arrest warrant for failure to appear.

They did finally track her down and served her with the court order to appear. She entered a plea of not guilty so looks like we are going to court. There is a calander call on September 12th. We'll see if anything changes in the meantime.

I have a question, my landlord told me in a recent conversation that the previous tenant, the one who assaulted me, wrote her a letter explaining that she DID in fact assault me.

Would this letter be helpful with the case? There where three other witnesses who saw her assault me so I don't think this should be too hard to prove, but I guess every little bit will help.

thanks


Danielle
 

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