What is the name of your state? WV
My brother had a DV warrant swore out on him by his wife. It was a bogus warrant, due to the fact she told a friend that she was doingthis just to get him out of the house, so she could have fun with her boyfriend.
When first in court, he advised the court that he had a witness to attest to this, but she could not appear due to her work. Also, the state had subpenad (i know mispelled) his wife and she was a no-show. He ask that the case be dropped since no witness on their part, and that a warrant be issued for her non-apperrance. He was denied on both.
Then he was found quilty on evidence of the complaint, and fined $200 and costs. He couldn't pay and they susppended his driving license, until payment is made.
Does he have any recourse? To me it seems he was really railroaded.
Some points to ponder...
1) if he failed to appear on a subpeona, he would be arrested..why not her?
2) if the prosecutor asked for a continuance because a wittness is not present they get it...why not him.
3) if he takes evidence to the prosecutor after the fact, can he have this matter over turned, and have his funds returned?
My brother had a DV warrant swore out on him by his wife. It was a bogus warrant, due to the fact she told a friend that she was doingthis just to get him out of the house, so she could have fun with her boyfriend.
When first in court, he advised the court that he had a witness to attest to this, but she could not appear due to her work. Also, the state had subpenad (i know mispelled) his wife and she was a no-show. He ask that the case be dropped since no witness on their part, and that a warrant be issued for her non-apperrance. He was denied on both.
Then he was found quilty on evidence of the complaint, and fined $200 and costs. He couldn't pay and they susppended his driving license, until payment is made.
Does he have any recourse? To me it seems he was really railroaded.
Some points to ponder...
1) if he failed to appear on a subpeona, he would be arrested..why not her?
2) if the prosecutor asked for a continuance because a wittness is not present they get it...why not him.
3) if he takes evidence to the prosecutor after the fact, can he have this matter over turned, and have his funds returned?
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