I was arrested for harassment against my ex girlfriend. I kept my mouth shut the entire time. Have not hired an attorney yet but will if the case goes to trial. The discovery documents really revolves around us engaging in an argument.
So there really isn't much evidence against me, and I had an attorney consultation who took a look at the discovery documents and he concluded that the prosecution "has nothing" but it is more likely for the DA to prosecute for defendants without counsel. However, me and her did not have the nicest relationship and she definitely has texts from me in the PAST where I said mean things to her like calling her names, which could be construed as harassment. Could these things be used against me if the case goes to trial, even though they are not things related to the current harassment charge?
Even if the case is weak, the trial won't take very long and there is no reason for the prosecutor to dismiss it. So long as your ex is going to testify that you did something that fits the definition of criminal harassment (like if you pushed her during an argument), the prosecutor is going to be willing to take their chances at trial. As long as your ex girlfriend is cooperating with the prosecution, the District Attorney is not going to drop the case. If you are not willing to consider a plea, the case is going to trial and you need an attorney.
It is unlikely that old texts or anything else from before the incident which resulted in the arrest will be a factor in your trial. If it will, the prosecutor will need to supplement their discovery.
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It is possible that the state will try and bring these acta up at trial, in which case you will be greatly outmatched without an attorney. I would strongly suggest you hire an attorney for your trial.
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