My husband was involved in a dispute with his family members. They expressed to the Da they want the charges dropped and will not come to court. His case was set for trial last Thursday. He was told that day it was dropped, but 10 minutes later the state is picking up and they will take it to trial. Trial date was set for today. His family was not there, no other witnesses on the state side. Two months ago they wanted to put him in a home, but his lawyer (PD) was against it, and they said because of the charge, he more than likely due to the charge he would not be accepted. They want him monitored in a home to check his meds and he was on them, but he was stupid and was drinking on them, which I warned him against. He takes very strong drugs for schizophrenia.He's never had an assault charge, unfortunately he was on mental probation and he had been in trouble before and he was paranoid that his things being stolen, which is no excuse but I feel it's not and his lawyer said the state can't get him on that, they where going to charge him with 2nd degree attempted murder or a home, but how can that be when he was charged with aggravated assult without attempt to kill?
There are a multitude of issues that you're discussing here but most of them should not be discussed here in an open forum. If you want an independent opinion on a particular criminal matter feel free to contact a local criminal defense attorney as most offer free initial consultations. It is not to anyone's benefit to be discussing personal matters allegedly about an individual on this open forum. Best of luck.
The State is free to dismiss and refile or to amend charges at any time.
If there is a speedy trial or statute of limitations defense then it needs to be asserted by your husband's lawyer.
These are tricky and technical legal conception and issues and cannot be answered on the fly and haphazardly by internet lawyers who are not intimately familiar with the facts and circumstances and have access to the docket.
You should address this question to your husband's lawyer.
Wishing your husband luck and hoping that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
This all needs to be discussed with your husband's attorney. H/she has all the information necessary to address your questions.
Wishing you good luck.
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