A few months ago my fiances sister broke into our house and attacked me. I tried to kick her off of me before he pulled her off and put himself in front of me until she backed down and left. I pressed charges but the Magistrate messed them up, filed them incorrectly, I don't know...but when we got them straight, it was after she weeks later, pressed charges against us for assaulting her, when we were defending ourselves. Tuesday was his court date, and first they said it was going to be dismissed then, the Commonwealth attorney looked at him and his lawyer and lied saying she never agreed to that, then, because of this, he was never allowed to talk while she changed her story, details of the night, and continued her lie even further. Our witnesses were never even called upon. What do we do
Sometimes it is hard to understand what truly happened in a legal proceeding because things move very quickly and the language is anything but common to those who are not in court regularly. What I can tell you is that if your fiance had counsel, as it appears that he did, there was a strategic decision made as to whether to permit your fiance to testify (which I rarely would ever suggest a defendant should do) or your witnesses.
However, if you are dissatisfied with the result, and it was in a district Court (General district or Juvenile Court) you can appeal. To do this, you will need to tell the clerk of the court in which you were tried that you wish to appeal within 10 days of the trial. If he was tried Tuesday, you can appeal before the close of business on August 31. If you wait until after then, you will not get to appeal because it is waived. Then the only remedy you will have is to ask the judge to reconsider his ruling. The essence of that result tends to be "Hmmm. I thought about it again and I agree with myself that I was right the first time, so your motion is denied." (They may be a little more polite about how they will phrase it, but not a whole lot.)
I would advise that you have your fiance consult with his attorney to get a better understanding of why your fiance did not testify and why the witnesses did not testify, and why the trial went the way it did. If you are not satisfied with the services of this attorney, seek another one. It is likely that you should be able to find an attorney to handle the case more as you would like it to be handled. Though I would advise you to do this sooner so that the attorney can have time to prepare. Do not wait until a few days before trial to hire one, as you may wind up with the same frustration because the lawyer has not had enough time to know the case well enough to be as effective as you would like.
Discuss the situation with the attorney. It is impossible to tell what the stage of the proceedings were from your post,,but I doubt it was a trial which is traditionally when a defendant introduces his evidence.
The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.
Your husband needs an attorney as the other respondents suggest.
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