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10-14-2007, 08:39 AM
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I need advice Please
In Sept. my DH and I met with his 18 yr old daughter who was 9 months pregnant. He still pays Child support.
We ate dinner and got into a discussion about her mother and she got mad and got up and walked to her truck with her boyfriend.
My Dh her father walked up to the truck which they were both in and ask what was worng, I got up to the truck and patted her hand and ask her not to leave like that and told her we loved her and want to work all of this out. They started to back up and I walked along the side of the truck. The truck stopped and she punched me in the face and called me a FB and in reaction I threw up my arms to block another punch which she hit my arms. My husband was behind me and took my upper arms and pulled me away.
I did not strike her or hit her or call her any names.
We got into out car and went home and we got a call from the police and ask us to come down to talk to him becasue she accused me of hitting her 3 times in the face.
I was taken in to be interviewed and answered all of his ?'s. My husband was taken back and was with the police officer for about 20 minutes and when he came out he ask the PO what will become of this and he said probably nothing.
I received a summons and was to appear in court. I then ask my husband what he was ask and he said the police officer never ask him anything that pertained to what happen. In the summons it did not include any thing from my husband who was there.
There was a so called witness that was 250 feet away from the parkling lot on top of a levy. He stated that he did not see me hit her but it appeared to him that I was trying to hit the girl in the truck.
I told the police officer I did not strike at her or reach into the truck.
The next day after the incident I had brusing that came out on my arms and called the PO and ask him if he wanted to see the brusing and he stated no but he woudl note it. It is not noted in the summons or police report.
I was never arrested or taken to jail.
I did appear and plead not guilty as per my Attorney. I am being charged with a B Misdemeanor.
I am very worried what will become of this. I am in my 40's, teacher/daycare provider for over 20 years. Never been in trouble not even so much as speeding, or parking ticket nothing.
I have hired an Attorney but he not making me feel to good about all of this.
He said he called the Pro. Att. and she told him that they may be willing to plea a diversion which I am stuill admitting to soemthing I did not do. But then he said the 18 yr old girl wants me to do community service or go to anger managment classes.
This girl has been in my life for over 8 years now and I thought we had a good relationship. Since she got pregnant she has totally changed and become verballly abusive to her father and I.
Can anyone please tell me what to do at this point or maybe waht to expect?
I am so worried.
A pretrial has been set for Nov. but this is costing so much money and money we don't have.
What do I do?
I do want to add also that she does not want her father and I to stay together. He never married her mother and we feel she wants revenge for that.
Last edited by Iamamazed; 10-14-2007 at 08:42 AM.
Reason: spelling
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10-14-2007, 07:52 PM
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Moderator
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Join Date: Sep 2006
Posts: 15,249
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I can understand that this is a stressful situation for you. It is hard to tell you what to expect since it is very different in every courtroom. I would make sure you speak with your attorney regarding the consequences of a diversion program, etc. Especially with your career.
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10-15-2007, 02:36 AM
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From what I understand about a diversion is I will not be permitted to be around her for 1 year or longer which is no problem since she is not permitted to come on our property and we do live 40 miles away from each other. If I don't get into any trouble (which I am clean and have never been into any trouble ever) (I am an old lady that has been around children all of my life) then this will be completely wiped off of my record.
Is the above right?
The only reason why I was going to settle for a diversion was that it was less money to have to pay out and it would be off of my record for a year.
This is still hard for me to accept because I dd not hit this gal I was only thinking about taking this to get it over with and for the least amount of money paid out.
I have hired an Attorney but honestly I don't feel he is doing anything to help. I feel he is in it for the money only.
Can you tell me if it was legal to not take a statement form my husband evn though he was there and seen everything? Why would they not have taken everyone's statement that was involved. Her boyfriend was there and he made a statement in her defense. I just feel like I am backed into a corner and no way out for something I did not do. I feel she is getting the sympathy vote because she was 9 months pregnant and 18.
If anyone can give me any other advise or ideas please do so.
Thank you
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10-15-2007, 10:52 AM
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Is there anyone on here that has some legal knowledge?
Any help would be appreciated
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10-15-2007, 11:25 AM
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If your attorney is not doing what is needed, get rid of him. YOU are paying HIM - and you have the right to have the facts brought to the attention to the Judge.
The system is set up so that SOMEONE has to pay for it. So SOMEONE is going to pay through diversion, probation, or whatever. I understand what you are feeling! Your attorney works for YOU and this should be a no-brainer case for him. I would tell him he needs to bring this up - about your husband being there. He should also bring up the fact of your occupation and your spotless record...you don't want anything to tarnish it. You should be MAD. This is not your fault!
He can get this case cleared.
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10-15-2007, 01:22 PM
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That's what I am thinking also, but I have put a retainer of 750.00 on this Attorney and I thought he would do something. I think it is about the money and he wants this to go to court.
How expensive is a diversion? I was told it was just court cost is that all?
And thank you for replying
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10-15-2007, 08:55 PM
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I can understand this is a very stressful situation for you. You have an attorney, but you are unhappy with your attorney? Have you tried talking to your attorney the way you've explained your feelings here - tell him/her your concerns?
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10-16-2007, 01:37 AM
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No but I will try to call him today. I just don't want to make him angry or mad but for some reason I am feeling he wants to le time goby so that he can eat up the 750.00 and then want more.
Do I have a right to ask him how much criminal experience he has, how many cases he's won and lost? He is a young guy but we always had his dad as our Attorney to take care of our business , wills, and child support which his dad is our County's P.Attorney. This incident happened in a different County and happens to be the County that the daughter lives in.
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10-16-2007, 08:05 AM
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You absolutely can ask him about his experience. I understand you may be skeptical with a younger attorney, particularly since you were a client of his father. However, since you do have a history there with his father, maybe this will help you feel more comfortable about talking to him. Remember, it could be that the case is difficult, so it would be stressful no matter who represented you. I suggest you speak to him about your concerns and what you would like to achieve in the case. He should be able to give you information about the possible outcomes, though he can't guarantee a particular outcome. Hopefully, having a better understanding of what you're up against will be comforting. Then you will have more information to decide what to do next. Good luck.
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10-16-2007, 08:22 AM
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Thank you and I did speak with him this morning. He informed me that the evidence is weak at best and if it went to court he feels he could win it but said he could not be positive as no case is a for sure.
As of right now I told him that to save money and time I would be willing to settle for a diversion with no stipulations. I still feel horrible even agreeing to that because I am admitting to doing something and did not break the law. But if this would save me a few thousand dollars and loss time at work then I am willing to do so. I know I am going to have to pay financially as they are all about the money anyway.
I am hoping to have it dropped as it should be.
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