I have been stabbed

[Comatose60]

What is the name of your state? Arkansas

I was stabbed 10 times by an assailant with a very large knife on May 27, 2006. This was immediately reported to the police, the Mississippi County Sherrifs Office, who has jurisdiction over this case. They have yet to as much as even arrest and charge the man. I would like to know if I can sue perhaps in civil court? What can I do to get him prosecuted?

[rmet4nzkx]

Originally Posted by Comatose60

What is the name of your state? Arkansas

I was stabbed 10 times by an assailant with a very large knife on May 27, 2006. This was immediately reported to the police, the Mississippi County Sherrifs Office, who has jurisdiction over this case. They have yet to as much as even arrest and charge the man. I would like to know if I can sue perhaps in civil court? What can I do to get him prosecuted?

Do you and the sheriff know who stabbed you? Do they have any assets?

[Comatose60]

The person who stabbed me is very well known to the Sheriffs dept. He was convicted of manufacturing methamphetamine in his house with his wife and children present, and was given 8 years probation for it (in Arkansas, thats typically a sentenced number of years leading into the decades). They know who he is, where he is, and what he does for a living.

He is mostly just a farmer, so assetts I am uncertain about.

[rmet4nzkx]

Originally Posted by Comatose60

The person who stabbed me is very well known to the Sheriffs dept. He was convicted of manufacturing methamphetamine in his house with his wife and children present, and was given 8 years probation for it (in Arkansas, thats typically a sentenced number of years leading into the decades). They know who he is, where he is, and what he does for a living.

He is mostly just a farmer, so assetts I am uncertain about.

Sometimes it taks time to move forward on the case, perhaps you should contact them and see what the status is. Insofar as a civil case, many times restitution is a part of a criminal case, that costs you nothing and is incentive for the defendent to pay rather than go to jail where he cannot pay. If he has no assets, legal ones that is, what attorney will take your case if there isn't a way to collect a judgement? Do you have money to pay an attorney to sue a man with no assets?

[Comatose60]

No, I have no money whatsoever (I work fulltime at home, my mother is diagnosed with ALS, she's my fulltime job and there is no pay) to pay for a lawyer.

Its simply infuriating. I now have over $30,000 in medical bills from this altercation, and Victims Assistance wont help unless the police charge him with a crime. This is commonplace (I was once pistol whipped and shot at as a kid, the cops had the assailants identity then too, and did nothing about it except threaten to arrest my mom, who was severely beaten in the process).

Im just lost. I dont know what to do. Its looking more and more like justice is only for those who can pay for it.

[VAsinglemom]

If you know the man's name and whereabouts, can't you go straight to the magistrate and file charges yourself?

[Comatose60]

Originally Posted by VAsinglemom

If you know the man's name and whereabouts, can't you go straight to the magistrate and file charges yourself?

Can you do that? I don't mean to sound ignorant, but I really thought the police had to charge people with crimes. I will most certainly look into this.

[weenor]

Originally Posted by Comatose60

Can you do that? I don't mean to sound ignorant, but I really thought the police had to charge people with crimes. I will most certainly look into this.

Actually it is the district attorney's decision to file and/or press charges. Contac the DA's office or the city attorney's office depending on the law enforcement officials investigating. Since you said "sheriff" I am assuming county. So contact the county DA's office.

[VAsinglemom]

Well, I do know that here in VA when I had an argument with an exboyfriend and he choked me - I called the police and they arrested him. When he got out of jail the next day, he went to the magistrate and had charges filed against me - and the cops came right out and arrested me.

It doesn't have to go through the DA's office until it's up for indictment (when the grand jury decides if there's enough evidence for them to prosecute) so they can definitely arrest him without involving the DA at all. When my boyfriend was assaulted at work the police did absolutely NOTHING to catch the guy. Even after the man's name/address/license plates were supplied, they did nothing whatsoever. No charges, no warrants, nothing. One visit to the magistrate's office with all of the relevant evidence (photos, a videotape of the attack, medical reports) and a warrant was issued. Not sure if the guy has been picked up, but it was a lot more effective than sitting around waiting for the police to file any charges.

[Comatose60]

They use the "good-ole-boy" system around here, and Im far from one of them (I happen to take offense to racial slurs of any form and dont find it acceptable to smack your wife around) and I am not certain about the specifics of Arkansas laws regaurding this, but you can trust that tomorrow both the county magistrate and the DA's office will be getting a visit.

[VAsinglemom]

Good luck! Let us know how it goes tomorrow. I'll keep my fingers crossed for you.

[Rexlan]

Originally Posted by VAsinglemom

Well, I do know that here in VA when I had an argument with an exboyfriend and he choked me - I called the police and they arrested him. When he got out of jail the next day, he went to the magistrate and had charges filed against me - and the cops came right out and arrested me.

It doesn't have to go through the DA's office until it's up for indictment (when the grand jury decides if there's enough evidence for them to prosecute) so they can definitely arrest him without involving the DA at all. When my boyfriend was assaulted at work the police did absolutely NOTHING to catch the guy. Even after the man's name/address/license plates were supplied, they did nothing whatsoever. No charges, no warrants, nothing. One visit to the magistrate's office with all of the relevant evidence (photos, a videotape of the attack, medical reports) and a warrant was issued. Not sure if the guy has been picked up, but it was a lot more effective than sitting around waiting for the police to file any charges.

That is pretty accurate. I am also in VA and all that is required, in AR as well, is to go to the local magistrate or who ever issue a warrant for his arrests. Explain the facts and they will decide the initial charges. Sounds like aggravated assault, malicious wounding and possibly attempted murder.

You file your own complaint with a sworn statement, nothing more is required at this point and the gentleman will be arrested and arraigned. He may get bail. If they won’t issue a warrant then you go to the grand jury.

You should carefully think about this first because if you are BS’ing of flavoring the story you will get yourself smoked and the guy will have a very good case against you for malicious prosecution.

If your DA or Commonwealth’s Attorney won't take the case to the grand jury for you then you can do it yourself. They can not stop you. It is very easy and about 98%+ of the time they will return an indictment and they guy will be picked up. The sheriff is not in the loop other than as a witness and collector of evidence. At that point the DA or the Commonwealth's attorney MUST prosecute the case since it is a felony. Additionally, you can not change you mind either.

I did this exact thing to a scum bag named Hennessee when he wrote me a bad check for $10,000. He was in Georgia and they offered to extradite him too.

[Comatose60]

I haven't flavored this story at all, and have the stab wounds to prove it ([url]http://viewmorepics.myspace.com/index.cfm?fuseaction=user.viewPicture&friendID=9151417[/url])

I am being given the run around, and cannot get a straight answer out of any official as to the name or place of any magistrate to report to or the status of my case. Can I not report to federal authorities perhaps? Im aware Ive sort of left the Civil subject, and for that Im sorry, I really am lost here.

[VAsinglemom]

Look in your phone book, in the blue (government) pages where it lists all the county government telephone numbers. It will be clearly listed as "Magistrate's office", or "office of the Magistrate", either as a BOLD heading or a sub-heading under something like COURTS, EMERGENY, etc. Or you can simply call 4-11 and ask for the number. What county/city do you live in? No, it is not a federal case so alerting the federal authorities will not get you anywhere.

[rmet4nzkx]

To VAsinglemom and Rexln,
Please note that OP is from Arkansas, NOT Virginia. OP has been properly advised according to their situation to contact either the sheriff's department or the county DA office to persue the criminal charges. It is always very important to respond with OP's state and sometimes, county in mind. Tthe laws in your state or Commonwealth are irrealevant. Continuing to confuse matters doesn't help OP. If you don't know the answer, wait for someone who does and don't follow an appropriate answer with one that is inaccurate.

Weenor is an attorney in an adjacent state, don't you think they might have a better idea re Arkansas law than someone in Virginia?

BTW Rexln You stated,

If your DA or Commonwealth’s Attorney won't take the case to the grand jury for you then you can do it yourself. They can not stop you. It is very easy and about 98%+ of the time they will return an indictment and they guy will be picked up.

On what do you base this and since when did Arkansas become a Commonwealth? Last time I checked the only Commonwealth states were Massachusetts,
Kentucky, PennsylvaniaVirginia and Virginia.