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  #1  
Old 10-28-2009, 05:04 PM
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charges dropped on assault/w deady weapon /w intent to kill


What is the name of your state (only U.S. law)? north carolina.
My two sons were shot the summer of 2008 during a street fight and charges against the shooter was dropped before we even went to court. The sheriffs office or states district attorney will not give reason for not allowing this case to be heard in court. I would like to know if there is some one that can help me with this case. I don't feel that my family has been treated correctly by this law enforcement here in Dare County North Carolina.
  #2  
Old 10-28-2009, 08:18 PM
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Quote:
Originally Posted by nmanteo41 View Post
What is the name of your state (only U.S. law)? north carolina.
My two sons were shot the summer of 2008 during a street fight and charges against the shooter was dropped before we even went to court. The sheriffs office or states district attorney will not give reason for not allowing this case to be heard in court. I would like to know if there is some one that can help me with this case. I don't feel that my family has been treated correctly by this law enforcement here in Dare County North Carolina.
They don't have to give you a reason (though it's unwise not to if asked). I'd probably go with "not enough evidence to convict" - it's not that they don't have confidence of knowing they have the right person, but rather there isn't enough proof of guilt to warrant the expense of a trial.

Or, there could be one of myriad reasons.
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  #3  
Old 10-28-2009, 09:01 PM
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If you want to get anywhere with this, you may need to hire an attorney on behalf of your sons to find out the reasons. I believe a victim of a crime has the right to know why a case is being dropped and cannot be prosecuted against the alleged perpetrators.

A criminal defense attorney should be able to review the facts in the case and possibly offer an explanation. And, if necessary, push the right buttons in the Sheriff's and DA's office to get some answers.

Aside from the criminal prosecution of the case, there may be grounds for a civil suit against the individual who did the shooting.
  #4  
Old 10-28-2009, 09:09 PM
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Originally Posted by Ronin View Post
If you want to get anywhere with this, you may need to hire an attorney on behalf of your sons to find out the reasons. I believe a victim of a crime has the right to know why a case is being dropped and cannot be prosecuted against the alleged perpetrators.
Really?

Quote:

A criminal defense attorney should be able to review the facts in the case and possibly offer an explanation. And, if necessary, push the right buttons in the Sheriff's and DA's office to get some answers.

Aside from the criminal prosecution of the case, there may be grounds for a civil suit against the individual who did the shooting.
Ah yes - I had admittedly forgotten that side of things. OJ-type situations, yes?
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When you can't bear something but it goes on anyway, the person who survives isn't you anymore; you've changed and become someone else, a new person, the one who did bear it after all.
— Austin Grossman

Quote:
Salagadoola mechicka boola bibbidi-bobbidi-boo
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