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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 08-16-2004, 06:07 PM
Fryar
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Rohypnol Victim


What is the name of your state? New Hampshire

I was at a party recently and was slipped something in my drink (turned out to be Rohypnol). Luckily, my brother found me and the guy before anything worse than undressing could occur. My question is if I decide to press charges, how long would it take before it gets to court (I'm assuming the guy will fight it) and do I need to be worried about my name or even my brother's name being smeared (my brother pretty much beat the guy up to a pulp when he found us, the guy promised revenge). Thanks.
  #2  
Old 08-16-2004, 06:47 PM
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What did the police tell you? And you can't press charges, only the prosecutor's office can.
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  #3  
Old 08-16-2004, 07:41 PM
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How do you know it was Rohypnol? Did they get a test done on you or on the drink? The test needs to be done rather quickly, or it vacates your system.

And depending on the strength of the case, and how much dancing his attorney does, it might not see trial for many months or a year.

Carl
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  #4  
Old 08-16-2004, 07:50 PM
Fryar
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Yes, I went to the hospital and they did a test on me. The police didn't really give me a lot of information other than they can go ahead and arrest the guy if I want them to. I was under the impression they're not going to do anything unless I give the go-ahead. Am I not understanding the law correctly? How does the prosecuter's office become involved? They weren't even mentioned. I'm just wondering if this whole thing is worth my time in getting the guy because he's denying it outright.
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Old 08-16-2004, 07:55 PM
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Typically, the police write a report and send it to the prosecutor. The prosecutor decides if there is sufficient evidence to go to trial.

The reason the police need your go-ahead is because this is a crime that did not occur in their presence. They are not witnesses to it in any way. if you press charges they might be able to arrest him based on the probable cause to believe he has committed a crime. But, a conviction requires proof beyond a reasonable doubt. So while they might have enough to arrest him with your testimony (and maybe your brother's), the prosecutor may not feel there is enough to prove he tried to drug you. he might claim he didn't do it ... and unless he was caught with Rohypnol in his possession, it might be tough to prove.

So its hard to say when you might here more.

I would encourage you to keep in touch with the police deparment to check on status. Then, when it goes ot the prosecutor, keep in touch there. Show your interest in pursuing the case. Sometimes that makes the difference in a borderline case.

Good luck.

Carl
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  #6  
Old 08-17-2004, 07:35 AM
Fryar
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Thanks for your information.
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