What is the name of your state? Virginia
I have been accused of domestic assualt, but my girlfriend has since decided to not pursue the case. She now lives out of state, and does not intend to fly back here to testify. She gets phone calls every day from the detective on the case, meaning they are obviously desparate, which she has ignored, until they called her landline, when the detective told my girlfriend that if she does not come back, it will be dropped. The detective offered to have them pay her to fly back here, but my girlfriend has steadfastly refused.
Several lawyers have told me that a conviction without her sworn testimony is next to impossible, yet I fear loopholes. One attorney said that they are agressive in Virginia, and advised me to hire a lawyer just as insurance (especially since this affects gun ownership rights). I kind of feel naked walking in there without one, even though they have no case without her (and for several details pertaining to the case that I should not share publicly).
The issue is if I hire a lawyer right now, my rent check will bounce in a day or two, which is obviously not good. I am originally from another state, and the one time that I had to hire a lawyer there, they accepted a contract with a payment plan, but the lawyers that I have talked to need the entire sum beforehand. My free half hour legal consultation ran up with that lawyer, and he refused to answer the following basic procedural question, the answer to which will be of great help: Assuming the one in a million happens, and the DA does not drop the case/the judge does not throw the case out/it does not automatically die due to no accusing main witness/whatever, and they do try to pursue it, do I have the legal right to have the judge issue a continuance so that I can obtain a lawyer, OR do I hyave to waive my right to a lawyer BEFORE they [almost for sure---but you never know] drop the charge/throw it out/whatever?
One reason that I waited so long is that I was almost positive that this upcoming date was a pre-trial conference (which is how it works where I'm from), but I found out that it's not when the subpoena for her was left on my door---it is the main trial date. I would tell the judge the fact that on the notice that I was given at the arraingment, NO real details as to the nature of the next court date are given (it's just a business card with a date and time on it), and that I have just started searching a week ago.
Basically, I am wondering if the procedure is airtight, whereby I don't have to tell the judge that I am waiving my right to a lawyer before they 99.9999% most likely drop the case. I am hoping that they either drop it/it gets throw out, OR if it doesn't I am given the chance to ask for a continuance.
Any held would be greatly appreciated.
I have been accused of domestic assualt, but my girlfriend has since decided to not pursue the case. She now lives out of state, and does not intend to fly back here to testify. She gets phone calls every day from the detective on the case, meaning they are obviously desparate, which she has ignored, until they called her landline, when the detective told my girlfriend that if she does not come back, it will be dropped. The detective offered to have them pay her to fly back here, but my girlfriend has steadfastly refused.
Several lawyers have told me that a conviction without her sworn testimony is next to impossible, yet I fear loopholes. One attorney said that they are agressive in Virginia, and advised me to hire a lawyer just as insurance (especially since this affects gun ownership rights). I kind of feel naked walking in there without one, even though they have no case without her (and for several details pertaining to the case that I should not share publicly).
The issue is if I hire a lawyer right now, my rent check will bounce in a day or two, which is obviously not good. I am originally from another state, and the one time that I had to hire a lawyer there, they accepted a contract with a payment plan, but the lawyers that I have talked to need the entire sum beforehand. My free half hour legal consultation ran up with that lawyer, and he refused to answer the following basic procedural question, the answer to which will be of great help: Assuming the one in a million happens, and the DA does not drop the case/the judge does not throw the case out/it does not automatically die due to no accusing main witness/whatever, and they do try to pursue it, do I have the legal right to have the judge issue a continuance so that I can obtain a lawyer, OR do I hyave to waive my right to a lawyer BEFORE they [almost for sure---but you never know] drop the charge/throw it out/whatever?
One reason that I waited so long is that I was almost positive that this upcoming date was a pre-trial conference (which is how it works where I'm from), but I found out that it's not when the subpoena for her was left on my door---it is the main trial date. I would tell the judge the fact that on the notice that I was given at the arraingment, NO real details as to the nature of the next court date are given (it's just a business card with a date and time on it), and that I have just started searching a week ago.
Basically, I am wondering if the procedure is airtight, whereby I don't have to tell the judge that I am waiving my right to a lawyer before they 99.9999% most likely drop the case. I am hoping that they either drop it/it gets throw out, OR if it doesn't I am given the chance to ask for a continuance.
Any held would be greatly appreciated.
