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

Asked almost 2 years ago - 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 .

Attorney answers (5)

  1. Jayson Lutzky

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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... more
  2. Marco Caviglia

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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... more
  3. Deanna L. Kelley

    Contributor Level 9

    4

    Lawyers agree

    Answered . 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.

  4. Joseph A Lo Piccolo

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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... more
  5. James Regan

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Because he wants to exercise his constitutional rights.

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

Related Topics

Criminal charges

Criminal charges are formal accusations in court that someone has committed a crime. Criminal charges have many classifications and degrees of severity.

Criminal charges for domestic violence

Domestic violence is physically, sexually, emotionally, economically, or mentally abusive behavior used to control an intimate romantic partner.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

25,965 answers this week

3,044 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

25,965 answers this week

3,044 attorneys answering