Railroaded

[Stephen Simmons]

What is the name of your state (only U.S. law)? North Carolina
Just need some link, or advise. I am a 42 year old male with no history of domestic violence and the only criminal history I have goes back to 22 years.

I left a relationship in december 2008. My ex took a 50b protective order out on me in September 2009, I have not seen or spoken to her since I left her. She found out I was in a new relationship, and then proceeded to take out the 50b. I was never served or knew anything about it.

In October of 2009, she went to the magestrait and said I contacted her via text messages. I was charged on October 14th 2009 with willfully and knowingly violating a protective order I was never served with. I was arrested December 11th 2009 and served with the protective order in court that morning.

Last month I was found guilty of the charge, even though I was not served with the order. I appealed it and have a trial in Superior court tomorrow. My ex has friends in the police department, and the Judge that found me guilty in district court, knew her from my ex's place of employment.

Any advice would be appreciated.

p.s.

She has money and I had to settle with a Public Defender because I am on disability.

 

[Isis1]

have you looked in the actual file for a proof of service?

did you text her? if you did, what was the nature of the text messages?

 

[Stephen Simmons]

have you looked in the actual file for a proof of service?

did you text her? if you did, what was the nature of the text messages?

The files document that I was never served and the texts she says I sent were not threatening in any fashion.

 

[Artemis_ofthe_Hunt]

the files document that i was never served and the texts she says i sent were not threatening in any fashion.

but did you send her texts?

 

[xylene]

What is the name of your state (only U.S. law)? North Carolina
Just need some link, or advise. I am a 42 year old male with no history of domestic violence and the only criminal history I have goes back to 22 years.

I left a relationship in december 2008. My ex took a 50b protective order out on me in September 2009, I have not seen or spoken to her since I left her. She found out I was in a new relationship, and then proceeded to take out the 50b. I was never served or knew anything about it.

In October of 2009, she went to the magestrait and said I contacted her via text messages. I was charged on October 14th 2009 with willfully and knowingly violating a protective order I was never served with. I was arrested December 11th 2009 and served with the protective order in court that morning.

Last month I was found guilty of the charge, even though I was not served with the order. I appealed it and have a trial in Superior court tomorrow. My ex has friends in the police department, and the Judge that found me guilty in district court, knew her from my ex's place of employment.

Any advice would be appreciated.

p.s.

She has money and I had to settle with a Public Defender because I am on disability.

What exactly were you convicted of?

AND

What formed the basis of issuing a protective order? The court does not just hand them out.

 

[Hot Topic]

So you did have contact with her via the text messages you sent her, which you claim didn't include anything threatening. Nothing threatening in the view of what impartial person?

You didn't have to "settle" for a public defender. You're lucky that our court system is set up so that everyone has the right to legal representation.