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.
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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.
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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.
Because he wants to exercise his constitutional rights.
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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)
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.
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