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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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Old 01-24-2007, 01:45 AM
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What party should I inform if at all?


What is the name of your state? What is the name of my state-California. I was assaulted without provocation and made a complaint to police. The D.A. has just notified me about the court date and to be "on call" if needed. Something troubling me has happened but I'm not sure if I should inform the prosecuting attorney for the D.A. or the Public defender for the accused or just keep quiet. It was a statement made by the defendant and brought to me by other individuals for him. It was to make me aware of his intent on the case and concerning my involvement. "He will bring up everything and anything he has to to make sure he doesn't go back to prison." When I asked for some kind of clarification, knowing this individual, the messenger replied," He wil lie or say or do whatever he has to to make trouble for you. He says he's not going back to jail, no way no how no matter what." Now, it sounds like an open threat because it doesn't pertain to just making statements in court. And I did feel there was not anyway to refute the incident but was told he denied 3 plea bargains an opted for trial and feels he's going to get out of it? Even when the PD called me to ask if I had a statement, it was mentioned that he was not denying he assaulted me. But this seems unsettling to me right now so I'm not sure what to do?? Am I just being irrational? Whatever you advise-I'll follow-Thanks.What is the name of your state?
  #2  
Old 01-24-2007, 02:02 AM
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Quote:
Originally Posted by Dadx2kids4n8 View Post
What is the name of your state? What is the name of my state-California. I was assaulted without provocation and made a complaint to police. The D.A. has just notified me about the court date and to be "on call" if needed. Something troubling me has happened but I'm not sure if I should inform the prosecuting attorney for the D.A. or the Public defender for the accused or just keep quiet. It was a statement made by the defendant and brought to me by other individuals for him. It was to make me aware of his intent on the case and concerning my involvement. "He will bring up everything and anything he has to to make sure he doesn't go back to prison." When I asked for some kind of clarification, knowing this individual, the messenger replied," He wil lie or say or do whatever he has to to make trouble for you. He says he's not going back to jail, no way no how no matter what." Now, it sounds like an open threat because it doesn't pertain to just making statements in court. And I did feel there was not anyway to refute the incident but was told he denied 3 plea bargains an opted for trial and feels he's going to get out of it? Even when the PD called me to ask if I had a statement, it was mentioned that he was not denying he assaulted me. But this seems unsettling to me right now so I'm not sure what to do?? Am I just being irrational? Whatever you advise-I'll follow-Thanks.What is the name of your state?
I would inform the DA's office first thing in the morning. If he is threatening you, even a veiled threat through a messenger, it's witness intimidation.
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Old 01-24-2007, 02:07 AM
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Thanks-much appreciated!
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Old 01-24-2007, 10:58 AM
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I agree - advise the DA. He may suggest you notify the police. However, this is only hearsay at this moment so they cannot do much about it unless the messenger testifies that the threats were made in his presence by the person allegedly making them. Additionally, if he lies in court, the DA might want to be able to call the messenger to shed doubt on the defendant's truthfulness.

This information will only be of use if the messenger will cooperate and tell the truth to the DA, the police, and on the stand in court. Otherwise it is nothing more than a rumor.

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