Ms. Ackerman's evaluation of the statute and case is correct. I agree that self defense could be used to benefit your son. The act of fighting can be enough to charge your son with either assault or disorderly conduct (or both). Assuming your son has no record, it may be possible to resolve the case without your son being adjudicated as a deliquent (the juvenile equivalent to a conviction). Many prosecutors could be willing to offer deferred prosecution or diversion, which would require your...
I don't think you due process is being violated. However, if you are having issues with your public defender then you may be able to request from his supervisor that you be appointed a different public defender. The issue is that although you have a right to an appointed counsel, you do not have a right to any particular appointed counsel. Public defenders are all attorneys and they know the law and rules of evidence; however, often times they do have high case loads, but that doesn't mean he...
There are many different reasons why a court date could be rescheduled. If you have an attorney, I suggest you ask him this question. If you do not have an attorney, then it may be in your best interest to retain an attorney.
The no contact order will last as long as the case is pending. If he is found guilty, or pleas, one condition of his sentence may also be no contact.
The judge is the only person who has the power to lift the no contact order. If your boyfriend has an attorney, you could talk to him about tryong to get the.order lifted.
Whenever there is a plea of guilty (under the statute this is referred to as the case not being resolved in your favor) it is an uphill battle to have the record expunged. However, it is not impossible. In your situation it seems as though you still have an outstanding balance on the restitution. You will have to wait until this balance is paid off before you can petition to expunge your record, because the court will see this as not having all the conditions of your probation completed....
Whenever a person has to go to court the best advice is to have an attorney with you. It sounds like you have some defenses, an attorney can help present the defenses to the court and prosecution. if the case goes to trial then you certainly will need an attorney; the early the better when hiring an attorney, so he/she has time to fully prepare.
I hope you find this information helpful.
Best of luck to you.
Leone Legal, PA
You can not be charged a second time for a crime arising out of the same incident for which you pled to disorderly conduct. This would violate double jeopardy. If this is the case, I suggest you retain an attorney who can file the appropriate motion to get your case dismissed.
It sounds like you are asking about an expungement. With a plea in the case, an expungement is not guaranteed; however it could still be granted. The judge will consider many things, such as the length of tome tjat has past, if you completed all conditions, any of trouble with the law, how you are negatively impacted by your record.
Its a process that will take 3-4 months.
Good luck and let me know if I could be of assistance.
Leone Legal, PA