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Misdemeanor Assault 1 (Domestic Assault)

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CuriousVA

Junior Member
What is the name of your state? Virginia.

Hello, I recently pressed assault charges on my estranged wife after she scratched 5 large gouges in my arm while I was holding our child. She is Bi-Polar, and curently unmedicated.

I cannot afford a lawyer, but she can, and has told me that she does not need to go to her Preliminary hearing, and that her Lawyer will be going in her stead.

Is this true? Shouldn't she have to show up in court?

What should I expect from the proceedings? Can her Lawyer somehow get the case dropped?

Thanks,
 


FlyingRon

Senior Member
The preliminary hearing is to establish that there is enough to proceed with the case. You NEED a lawyer, the complaintants lawyer is not motivated to act in your interest.

It's not a trial, she doesn't need to appear, but it would be more compelling if she did.
 

Just Blue

Senior Member
The preliminary hearing is to establish that there is enough to proceed with the case. You NEED a lawyer, the complaintants lawyer is not motivated to act in your interest.

It's not a trial, she doesn't need to appear, but it would be more compelling if she did.
Why would the OP need a lawyer? The DA will act on behalf of the state/OP. :confused:
 

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