Where can I go from here

[mthomas222]

What is the name of your state? VA

Let me start with the story real quick. I got into a fight with a guy at an apartment, his girlfriend was standing next to him trying to break up the fight - took place in Oct. of 2002. I was arrested for Disorderly Conduct but later found out that his girlfriend filed Assault and Battery charges against me - although I never was even near her nor layed did I lay a finger on her. All said and done, the DC was dropped in order for a no contest plea to the A&B (I had an attorney). Appealed the A&B to circuit court and the girl ended up not showing up to the appeal - so the case was dismissed.

Questions:
1. Can I sue the girl for my attorney's fees?
2. If #1 is yes, could the guy I fought find out that I'm suing his girlfriend and try to press assault charges against me?
3. Could the girl try to go back and "re-activate" the dismissed case?
4. Are there any unforseen circumstances I may encounter if I decide to sue?

Thanks A Bunch!!

 

[HomeGuru]

What is the name of your state? VA

Let me start with the story real quick. I got into a fight with a guy at an apartment, his girlfriend was standing next to him trying to break up the fight - took place in Oct. of 2002. I was arrested for Disorderly Conduct but later found out that his girlfriend filed Assault and Battery charges against me - although I never was even near her nor layed did I lay a finger on her. All said and done, the DC was dropped in order for a no contest plea to the A&B (I had an attorney). Appealed the A&B to circuit court and the girl ended up not showing up to the appeal - so the case was dismissed.

Questions:
1. Can I sue the girl for my attorney's fees?
2. If #1 is yes, could the guy I fought find out that I'm suing his girlfriend and try to press assault charges against me?
3. Could the girl try to go back and "re-activate" the dismissed case?
4. Are there any unforseen circumstances I may encounter if I decide to sue?

Thanks A Bunch!!

**A: what did your attorney say when you asked him/her these same questions? At the time of dismissal, your attorney should have asked for legal fees. It is too late now since the case is closed.

 

[mthomas222]

Throughout the whole ordeal my attorney kept telling me that he would quote me a price eventually - I kept telling him that the price didn't matter. He ended up never quoting me a price - but after the second trial I asked when he would send me the bill and he told me he'd look over my file and "figure something out".

 

[JETX]

First question:
You said that you pled 'no contest' (same as guilty), yet you appealed the plea??
What was the basis for your appeal??
The appeal would have been against the state (prosecution) rather than an individual, so the dismissal for a no-show on her part doesn't sound correct.
Need complete and accurate details on the appeal and whether it was in fact 'dismissed' (which would be very unusual... as they would normally only be granted due to a legal error). Clearly, something is missing here.

 

[mthomas222]

JetX,

What actually happened was that I had a few minor charges (traffic, FTA, disorderly, etc). The prosecutor dismissed the minor charges if I plead guilty to the assault. I plead no contest to the assault, then appealed it to circuit court, I assume because my witness never showed up - I just know I went before the judge and actually confirmed the "no contest" plea.

I then had a "trial?" about 2 months later. Went to it and then went in front of the judge. Judge asked if the girl was in the courtroom, no one came forward. He checked to see if she had warrant service - she didn't. The prosecutor said in these words "since this is a private complaint, and the girl failed to show up for it, the state had no problem dismissing the case"

My lawyer then explained to me something (kinda hazy exactly) about if it was a nol pros then it may go back to court, but if it was dismissed then it wouldnt - depending on whether the girl complained about missing court do to other circumstances, etc. My lawyer seemed to be a very busy person and didn't really answer a lot of questions for me - one of those situations where he was busy defending big crimes and this was not as important to him.