I am the victim on the case. The person was arrested Thursday and was released Friday under the pretrail diversion program. However, on Friday, I (the victim) started receiving harrassment threats via social media from the defandent. The threats stated that a dead person cannot tell their side of the story. The defendant also said that she will attack me again, again, agian, and again and that she did not care about going to jail because pretrail will bond her out. In addition, she said the law cannot save me. I immediately called the police and made a report. They told me to call the victim state attorney officer. I called first thing monday morning but they're telling me a prosecutor hasn't been assigned. I called the court house and I was able to set a courtdate for tomorrow to go before the judge who released the defendant. I was also told that a stay away order was automatically granted since one of the charges was battery. I am in fear for my life. Do I really have to wait a whole day to get something done? I will feel safer if the defendant was in jail until the case is over. Also, what kind of judge give someone a bond who was charged with Buglary with Aggravated Assault?
Sounds to me like you have done almost as much as you can. Making out a police report was a good start, and notifying the prosecutor's office was a good next step. I would follow up with another call to the prosecutor, and ask for one of their supervisors, who may intervene until one of their underlings is given your case.
In the meantime, continue to document any and all contact the defendant has with you. And, to answer your question about bond, remember that the purpose of bond is not to punish the accused, but to ensure their appearance in court. In Illinois, where I practice, about the only times a judge sets 'No bail" is in murder cases, and VOP warrants.
Best of luck to you.
Bail is determined usually based on the persons criminal record, connection to the community, etc. You may consider getting a restraining order including no contact on social media.
I am licensed to practice in Massachusetts. As such my answers should not be viewed as a legal advice.
Perhaps the state attorney will have enough facts for another felony of witness tampering. There is already a no contact order, and that has been violated, it appears. Stay in touch with the victim advocate at the state attorney's office.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
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