okay, I am the Plantiff.. March 25th of this year, I was abused by my daughters father. Strangled me 6 times, threw me on the floor which has resulted in a cut lip and a huge bruise on my left arm and marks on ym neck due to him strangling me. Today i went to court for the preliminary hearing and his attorney wanted me to agree to him pleading guilty to harrassment. Which i pressed charges on him for simple assault and harassment. I did not agree to the plea and i decided to take it to trial. And he's on probation for unlawfully taken already. The D.A told me that i couldn't use prior evidence against him but he can use evidence against me because he is the defender. So what do you think?
By the way, can i use a lawyer even though i'm the plantiff?
Criminal Defense Attorney
There is a lot more information needed before a "strong" opinion can be provided. As for criminal records the DA is correct. If you testify and you have certain convictions for deception, fraud or false statements then you can be impeached. This is also true for the Defendant, but he has no obligation to testify and so his convictions would not be presented to the jury.
Finally, my colleagues are correct that the case is in the hands of the prosecutor and you are the victim/ witness. You have certain rights as the victim, but ultimately the decisions on how to proceed is in the hands of the prosecutor.