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cdurham81

Junior Member
What is the name of your state (only U.S. law)? Kentucky

I have a pre-trial hearing on Monday for a 4th degree assault charge. The only crime I've been convicted of in my life was a theft by deception charge three years ago. There are no witness' to the alleged assault. She had a small bruise on her inner elbow. So its basically my word against hers.

What I want out of this is a dismissal. I just dont know if I should retain a lawyer to talk to our CA. Because he said we would try to work something out at the hearing. But I really dont know what to expect.
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? Kentucky

I have a pre-trial hearing on Monday for a 4th degree assault charge. The only crime I've been convicted of in my life was a theft by deception charge three years ago. There are no witness' to the alleged assault. She had a small bruise on her inner elbow. So its basically my word against hers.

What I want out of this is a dismissal. I just dont know if I should retain a lawyer to talk to our CA. Because he said we would try to work something out at the hearing. But I really dont know what to expect.
So did you assault her?
 

Proserpina

Senior Member
Not true. The arresting officer(s) will also testify as to what they saw at the scene.


Probably unlikely. What is your DEFENSE to the charges??
That'd be nice to know, but he went and deleted one of his other threads...the one which explained (in great detail, evidently) what went on.
 

cdurham81

Junior Member
No, I didn't assault her. I had left her for about a week before this, We had reconciled that night. I went and got the house key from her when I got off of work. She got off around 2:30am and came in hysterical because there were 2 bowls in the sink(She told the police this). She thought I had had a girl over and served her some sort of dessert. I woke up, and after about 5 minutes I realized that there was no point talking to her. So I told her that I was just gonna leave, I went to the door and she said that if I left she would call the police. I started to leave and she called them. So I just went and sat down. IMO, I dont know what the police could've seen on the scene. I was sitting in the couch waiting for them, and she was screaming at me when they walked in. She had a small bruise above her elbow on her inner arm. But I didn't give it to her, I hadn't seen her for a week leading up to this and it wasn't 5 minutes after I was awake that the police were there.

This girl has some serious emotional problems, Almost 3 months ago she was admitted into a Adult Mental Health wing in a hospital and she had to stay for a week before she was released, this was after she threaten to kill herself because "I was cheating on her.". She was told to follow up with a psychiatrist after her release, which she didn't. Over that period of time she has set up about 5 appointments with a Behavorial Health Center, and she never ends up going to the appointments. Which is a reason me and her broke up, She has jealous delusions, she is paranoid and VERY insecure. Anytime I threaten to leave her, she threatens me in some way. It's usually with the cops, she has even had to barricade me in the house before, or she just follows me down the street. She has actually called the police a couple months ago and told them that. "He is trying to leave me and I dont want him to."

Even though we have a no contact order, she comes up to my work everyday wanting to talk to me, calls my house. I dont want to call the police, because I really dont want anymore police involved in this. She said that she knows that she lied, she didn't think that the police would come and she didn't think they would take me to jail. I told her to just tell them that she lied, and she said she is afraid they will put her in jail if she tells them what really happened.

Yes, I had a drug problem. But that is a thing of the past. I served out my 2 year probation for that charge without a hitch and have been clean for over 2 years. I've never been involved with a violent crime my entire life.

I just want this resolved and I dont know how to handle it or what to expect out of it. The CA said that we were going to try to resolve it at the pre-trial conference.
 
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JETX

Senior Member
As noted previously, the police don't arrest for DV when there is no visible physical injury.
Interesting that your latest post (after the other one was deleted) completely excludes the injuries that she had and was visible to the police.
 

cdurham81

Junior Member
The only injury she had was a small bruise on her inner elbow. But it wasn't an injury she received from me, she herself told the police I had not seen her for a week leading up to this, but she DID tell them that I grabbed her that night, which I didn't. Also, I dont really know why my other post was deleted.

I don't know why you would question my story about the event, I wouldn't lie to you guys about what happened, what would I gain or lose from trying to convince you of my innocence? What do I have to prove? I've told exactly what has happened, because I wanted to know what kind of outcome this would have. Did you catch the part about how she knew that she LIED about all of this, but was afraid to tell the police because she thinks she will go to jail? I was just wanting to know what I could expect from the pre-trial conference and how this would be handled since its my first violent charge and thanks JET for answering that in some degree with your first post.
 

cdurham81

Junior Member
Well, I got an update. My girlfriend went to CA and told them that what she said was a lie. That I didn't assault her, in her sworn statement she said that I only pushed around her to get out the door. She said the bruise she got at work.

The CA isn't going to press charges on her for calling the police and telling them a lie. The Assistant-CA told me this when I went to my arraignment Monday. I told him I wanted this resolved, then he told me that she had recanted earlier that day and told the truth. He said he thought we needed a cool down period and he didn't want to dismiss it yet because he thought the NC order would do us some good. I told him that was fine, the NC could stay but I needed the charges dropped. He didn't really understand why I wanted to adress this right now. So he went into this pre-trial conf with the other people in court.

Is there anyway to get this moved up? The judge set me pre-trial for Dec 6. Thing is, I missed a job interview for this. They say that they can't hire me if I have a violent crime, or that if I'm being charged with one. Plus, my doctors office says I can't go their unless the charges are dismissed. The job thing is either on or before the 16th or the offer is reicended. What do I gotta do to get this thing moved up?
 

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