Skip to main content

Assaulted by kids father . Witnessed by 2 people . He pleads NG . He wants a trial by jury . Why ?

New York, NY |

We are in criminal court with this . He continues to plead not guilty he knows if he takes plea he gets no jail time , counseling and I continue to have my order of protection . But he refuses to say he is guilty despite the witnesses , his past DV case with another woman and his other criminal violations . What is he up to or what does he know will happen if he goes to trial by jury . MY ADA has no answers for me . I am afraid for my family . Can the jury find him not guilty or drop the case or what will happen if he doesn't show up will they call a mistrial and I loose my order . He didn't bloody me up just some bruising and I couldn't move my arm for a while . He attacked me twice . I just want to be prepared because obviously he knows something I don't but we need to be protected from him .

+ Read More

Attorney answers 5

Posted

Speak with the DA to continue the case. Also, think about a case in family court. People have the right to trial and sometimes hope that the complaining witness backs down. Continue the case, do not give up. If the case is adjourned, then the order of protection is extended.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

Asker

Posted

Thank You

Posted

It is unclear if you are in a relationship wtih the defendant or not. He has the right to put the People to their burden of proof and find him guilty at a trial, or is trying to negotiate an acceptable settlement. You already have an order of protection, so that's about the best you can do in the meantime. If you were in a personal relationship with the defendant, you can proceed to Family Court as well, but it may adjourn any fact finding hearing until after his criminal case is over since he probably would not testify at the Family court if criminal charges are still pending.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice which requires all the details, nor creates an attorney client relationship.

Asker

Posted

We haven't been in a relationship since 2010 months before my child was born. Thank you.

Posted

Our criminal justice system is based on a foundation of "innocent until proven guilty." This is difficult to understand when you are the victim of a crime. However, it means that every individual, even someone who has committed a crime, has the right to a trial where the prosecution must convince a jury beyond a reasonable doubt that he committed the crime.

While there may be no doubt in your mind that he assaulted you, perhaps he feels he was acting in self defense. Perhaps the witnesses were under the influence of alcohol or drugs. Perhaps you knew he had another domestic violence case and therefore knew you could get him in alot of trouble if you claimed he was the aggressor in this situation. I do not know you and do not mean to suggest that these scenarios actually happened, but merely want to point out why each suspect has the right to a trial.

If the facts are as strong as you suggest, your prosecutor should be able to obtain a conviction. In my experience, juries usually get it right. If he fails to appear for trial, the judge can issue a warrant for his arrest and your no-contact order should continue, ensuring your safety.

I wouldn't assume he knows something you don't. He may simply think he has nothing to lose by going to trial & holding the prosecution to it's burden. He may be hoping he gets lucky.

Asker

Posted

Thank you for your advice I appreciate it. To let you know when he barged into MY house threw me up against the wall and continued to punch me and slap me and choke me in front of an elderly woman, a child, and a nurse believe me no one in my house was under any influence and I know the difference between someone forcing there way into your home and self defense but, he may have been but none of my witnesses were. Also, I walked away from him once he started to yell and become agitated because I knew of his past and I did not want to become a victim but unfortunately I did become one. He is the one who came into my home and assaulted me twice in the same moment no question about it. I am a college educated woman who got mixed with the wrong person. I do not provoke violence or try to become a part of it but I was and I am just trying to make sure I understand and know all my rights and what may happen if a jury sees what he did was acceptable because as I said for him to want to go to a trial by jury when there is evidence why not just take a plea.

Deanna L. Kelley

Deanna L. Kelley

Posted

I hope I didn't offend you - I didn't mean to suggest that any of my examples were actually present in your scenario. I was simply pointing out why some people choose to go to trial. In your case, it sounds like he really assaulted you and the witnesses will testify at trial in a manner which will hurt him. Although every individual has an absolute right to a trial, If I were his attorney, I would advise him to take the plea. It would be in his best interest to attempt to get sentenced by a judge who doesnt know each and every gory detail of how you were assaulted. If you proceed to trial, I'm sure the prosecutor will want you to tell your story in full. It is possible that his attorney is advising him to take a plea but he is simply being stubborn. It is not uncommon for a defendant to change their minds at the last minute and accept a plea the day of trial. In my experience, juries usually get it right. It really sounds like he will be convicted if you have to proceed to trial. Don't assume he has some trick up his sleeve - he may be simply hoping for a miracle, but I have been practicing or 20 years and have yet to see a miracle. Good luck.

Asker

Posted

No it's okay Ms. Kelley, I hope I didn't offend you? But It just gets frustrating to me because it seems so many people are taking his side (not that you are) Ex....the cops, they can be really mean maybe because they don't want to do the paper work and I guess they get so many DV cases of woman who drop it they think i will do the same but I'm not, and they get attitudes or blame me for what happened or try to give me some advice on how I should live my life it's appalling what some woman have to go thru to be helped or protected. Again, I thank you for your advice it has helped me put some peace to my mind have a good weekend.

Deanna L. Kelley

Deanna L. Kelley

Posted

I can imagine it must be very frustratibng. It may help to find a woman's advocate support group. I an not personally familiar with this group in your area, but they may be able to answer more of your questions. Safe Horizon Inc www.safehorizon.org 2 Lafayette St #3, New York (212) 577-7700 more info

Posted

Because he wants to exercise his constitutional rights.

Educational purposes answer. | FACDL.org | NACDL.org | Defendme.net | twitter.com/JReganLLM | Non-privileged answer.

Posted

He may be playing chicken hoping the DA drops it. Stay strong and insist on holding him to a top count plea so you can have the longer order of protection.

Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
Jlopiccolo@hbclaw.net

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

Asker

Posted

Thank you

Criminal defense topics

Recommended articles about Criminal defense

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer