• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Is testifying that bad?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Lauram78

Member
Thank you very much for all of you kind responses. I am not kidding I am seriouly afraid of this guy and would like if he would stay away from me forever. I just know that his attorny told the DA, she had better be prepared b/c the defendant has up to 5 witnesses that are coming to court, people who were not there when he assaulted me.
 
Last edited:


CdwJava

Senior Member
Thank you very much for all of you kind responses. I am not kidding I am seriouly afraid of this guy and would like if he would stay away from me forever. I just know that his attorny told the DA, she had better be prepared b/c the defendant has up to 5 witnesses that are coming to court, people who were not there when he assaulted me.
Unless they were witnesses to the assault, there is a very good chance that the DA will object to their presence. Unless they have some serious and credible means of impugning your testimony by making you out to be a liar, I can't imagine they would be allowed to testify at a criminal trial.

- Carl
 

Lauram78

Member
Yes there was blood on my eye b/c he smacked me so hard it made a cut, which I have pictures of.

Did you tell the police what happened and that he did it?
I told them everything on the 911 call and when they came I told them exactly what happend and they made me fill out a police report. I rememer the cop saying to me "miss do you need a tissue for your eye" They were actually really nice about it, which I didnt expect. He was arrested for assault and harassment. I know the DA made him an offer of lowering it to a harassment and he wouldnt take it. He doesnt want anything. He wants to walk away a free man. I think the reason is b/c he is trying to get a gun and can't with this is on his record. He is NOT a person that should own a guy.

A "few times" for THIS offense (mentioned above) or for something else?
All I know is I went to court 3x and the DA said it has bene ajourned for a later date, his
attoney said they need more time. He told me they are doing this so I'll forget what happened.


Understandable. But, in court he won't be able to say you're crazy without substantiation. He can't just SAY it unless the DA is asleep.
I read his testimony that he sent to the DA and it says things about me that arent true, like that I take prozac,.


About what happened ... about any lies you have told to the police before ... he'll ask anything to make you look like either the aggressor or a liar - or both.

I did not lie at all I told the police exactly what happened, if anything he is lying and said I hit him and he was defending himself and that is not true. He told the police that he had my assaulting him in tape, now somehow this taping has been erased. There were cameras outside of the place where the assault took place.


His lawyer is PAID to say that sort of thing.

ARE there witnesses that will contradict your account? if so, how come they won't be able to support your account of the events? Was he defending himself from you, or could it be twisted that way? Was it a mutual assault (i.e. you both fought with each other)?

It was not a mutual assault at all! He told the police that I walked up to him swining my arms, not true, so he could twist is that way.


Hard to say. While an initial order might be relatively easy, if he contests it (and he probably will) you will have to show that he is a danger to you. Witnesses and police reports can go a ways to show this.

I do not want any trouble, I don't care if hes on probation or not, I just want him to stay away from me for GOOD! I feel that now he is more of a threat to me than ever.




The DA said that he is going to try and bring up the fact that he was abusive in the past if the jugde allows it.

- Carl[/QUOTE]
 

Lauram78

Member
Unless they were witnesses to the assault, there is a very good chance that the DA will object to their presence. Unless they have some serious and credible means of impugning your testimony by making you out to be a liar, I can't imagine they would be allowed to testify at a criminal trial.

- Carl
The only witness he has is his friend, we were at his friends store, but the friend was not present when the assault took place. He was inside assisting customers. After he hit me I walked in and asked to use his phone and he goes "great theres cameras all over this place".
 

CdwJava

Senior Member
Yes there was blood on my eye b/c he smacked me so hard it made a cut, which I have pictures of.
Hopefully it was the police that took the pics. Pics you take of your own injury or taken days later are more easily questioned and challenged.

I told them everything on the 911 call and when they came I told them exactly what happend and they made me fill out a police report.
This is good.

He wants to walk away a free man. I think the reason is b/c he is trying to get a gun and can't with this is on his record. He is NOT a person that should own a guy.
All the more reason for him to fight the charges.

All I know is I went to court 3x and the DA said it has bene ajourned for a later date, his
attoney said they need more time. He told me they are doing this so I'll forget what happened.
Delay is often a tactic. However. it's less likely they are doing it for you to forget, but that you might later change your mind about cooperating with the prosecution. Victims generally "go sideways" and want to walk away from the situation or want to get back with their abuser. That may be the element that they are hoping for.

But, dimming your memory might help, too.

I read his testimony that he sent to the DA and it says things about me that arent true, like that I take prozac,.
He can SAY anything he wants in a report or in a statement, but being able to testify to something without substantiation is unlikely.

He told the police that he had my assaulting him in tape, now somehow this taping has been erased. There were cameras outside of the place where the assault took place.
This could be where the rub will be ... your word against his. If he has witnesses that can make you out to be unreliable or a liar, then that reduces your credibility on the stand. And in a case where each side says the other is the aggressor, credibility will be what makes or beaks the issue.

- Carl
 

Lauram78

Member
I understand what you're saying. I amnot going to lie unlike him. If the the defense attorney asks me if I had been calling him that day I am not going to lie, I did becasue we had plans to meet. I know it sounds a little fishy why I would go meet someone who has been abusive to me in the past but I would never think he would hit me in a public place and could be civil for five minutes. I know that the two officers who made the arrest are willing to testify as well. They are probably going to bring up that I called him and was harassing him but the DA said you need to tell the jugde how distressed you were.
 

>Charlotte<

Lurker
If you haven't already, call 1-800-799-SAFE, which is the Domestic Violence Hotline. They can put you in touch with a domestic violence volunteer from a shelter near you, who can accompany you to court. It is important that you do not go to court alone, and these volunteers have experience in dealing with protective orders.
Seconding for yes-ness! I can't believe I didn't think about that. Lauram, my mother-in-law was one of those volunteers and from what I remember her telling me, it made a huge difference to the victims. Seriously, you should get in touch with them as soon as possible. They can help you so much.

Great advice, Quincy.
 

Just Blue

Senior Member
Thank you so much, I am calling first thing on Monday morning.
Hi Laura,

I want to say how proud of you I am ...It is very difficult finding the courage to stand up to your abuser and many victims of domestic violence never find that inner strength to do so. What ever happens when you testify... you have won. You stood up to this jerk and said that you will not tolerate being his punching bag! Do not let fear or trepidation prevent you from having the most liberating experience of testifying against your abuser. And don't forget that it is not just your word but also the observances of the arresting officers.

The advice that Carl gave you is very good..he is always good!!:cool:...Also the information that Quincy gave you is wonderful!! When I was in your situation I went to Court and sat in on some cases...For me that was instrumental in getting a "feel" for the process. I also had a counselor from HAWC assist me in preparing for court and to help me find resources.

Please feel free to pm me if you want to talk...i have been in your shoes and can relate to your fears and sorrow...


Good luck and God Bless!!!

Bay
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top