looking for some legal help

[Kain99]

harris & capristo 737-6330. they handle such matters. good luck!

Very good advice!

 

[somd whisper]

at least six... any survival tips for living left-handed? I had no idea how dumb my left hand really is

I wish.... I am a complete loss without my right hand....

 

[somd whisper]

Shane Mattingly in Leonardtown.

My mom did talk to him and it went no where, that is the main reason I came in here to talk to you guys...I figured if anyone knew the county better it would be here

 

[somd whisper]

Omg

§ 3-202. Assault in the first degree.








(a) Prohibited.-





(1) A person may not intentionally cause or attempt to cause serious physical injury to another.





(2) A person may not commit an assault with a firearm, including:





(i) a handgun, antique firearm, rifle, shotgun, short-barreled shotgun, or short-barreled rifle, as those terms are defined in § 4-201 of this article;





(ii) an assault pistol, as defined in § 4-301 of this article;





(iii) a machine gun, as defined in § 4-401 of this article; and





(iv) a regulated firearm, as defined in § 5-101 of the Public Safety Article.





(b) Penalty.- A person who violates this section is guilty of the felony of assault in the first degree and on conviction is subject to imprisonment not exceeding 25 years.

OMG, that is serious. She really needs a good lawyer. This sounds much the second degree without the weapon right?

 

[aosmiles]

your brother needs to be the one to make the call to which ever attorney he picks. he is the one with the problem. your mom can't do this for him.

 

[somd whisper]

Very good advice!

I will have her do that first thing in the morning. His girlfriend does not want to testify and the state might make her. Since they are not married I am not sure if she can plead the 5th. I will have to do some research on that too. THANKS so much for all the help I know my mom will grealty appreciate it.

 

[BS Gal]

at least six... any survival tips for living left-handed? I had no idea how dumb my left hand really is

I warned you about the wiping thing.

 

[somd whisper]

your brother needs to be the one to make the call to which ever attorney he picks. he is the one with the problem. your mom can't do this for him.

We understand that bu since he is in jail it is very difficult to call collect to a bunch of lawyers. They will not even allow a phone calling card or a phone book....

 

[BS Gal]

I will have her do that first thing in the morning. His girlfriend does not want to testify and the state might make her. Since they are not married I am not sure if she can plead the 5th. I will have to do some research on that too. THANKS so much for all the help I know my mom will grealty appreciate it.

She can plead the fifth, refuse to testify, and it will be dropped I think, unless the officers make a big deal of it. Did she file charges originally or was it just them responding and they filed charges?

 

[somd whisper]

OMG really?

She can plead the fifth, refuse to testify, and it will be dropped.

I thought they had to be married to plead the 5th. That is the best news yet. If she does not testify then the State does not have a witness...God, I am praying that you are right...our whole family is praying..thank you so very much

 

[somd whisper]

She can plead the fifth, refuse to testify, and it will be dropped I think, unless the officers make a big deal of it. Did she file charges originally or was it just them responding and they filed charges?

Yeah the officers took a statment of what happend and they were the ones that are pressing charges not her.

 

[BS Gal]

I thought they had to be married to plead the 5th. That is the best news yet. If she does not testify then the State does not have a witness...God, I am praying that you are right...our whole family is praying..thank you so very much

I don't know if I am right, but if she goes in the Courtroom and says nothing happened, or DOESN'T SHOW UP FOR COURT, charges should be dropped. Depends on whether she filed them or the Sheriff's Department did, I believe. Who is the complaintant on the papers?

 

[somd whisper]

I warned you about the wiping thing.

LoL, yeah that can take a toll

 

[aosmiles]

anyone can take the fifth. there is a separate rule regarding marital communications. she could refuse to testify, but the police have their report they could use. her refusal to testify would make prosecution very hard. if she filed charges, she could drop them. your brother has to be able to talk to an attorney. they have to give him the chance to get one.

 

[BS Gal]

Yeah the officers took a statment of what happend and they were the ones that are pressing charges not her.

That answers the question I just posted. I don't know what to do in that case, so you or someone should see a lawyer and get some advice and have the lawyer see your bro in jail. The officers are going to be the ones on the stand, in this case, to testify to what they saw. She would probably be a witness and be able to tell her story, but I don't know how it works if she didn't file the charges. I just don't know. Sorry. Let us know how it comes out. I'm sorry you have to deal with this.

 

[somd whisper]

I don't know if I am right, but if she goes in the Courtroom and says nothing happened, or DOESN'T SHOW UP FOR COURT, charges should be dropped. Depends on whether she filed them or the Sheriff's Department did, I believe. Who is the complaintant on the papers?

The only papers that she saw were the statement that the police took. No one has seen any other papers other than that. We had to call the Public defenders office to see what was going on and they said he was being charged for 1st and 2nd and already had a preliminary trial. Without a lawyer present. Now he is stuck in jail because the bond is 20k at a 100% and no trial date has been set that we know of.....she did not know at the time he had taken the prescription meds and she did receive injuries that resulted in an ER trip. Nothing serious but it depends on who is looking at it.

So if she does show in court then maybe.....she has not been served any papers to show up either.

 

[vraiblonde]

I don't know if I am right, but if she goes in the Courtroom and says nothing happened, or DOESN'T SHOW UP FOR COURT, charges should be dropped. Depends on whether she filed them or the Sheriff's Department did, I believe. Who is the complaintant on the papers?

I didn't think they did that anymore. It seems to me that domestics get charged, regardless of whether Mama presses charges or not.

They get a lot of that - woman is getting her ass kicked, so she calls the cops. Cops come get the guy off of her and haul him off, shows up in court with Mama on his arm and her going, "Please don't take my man!" Cops have better things to do than protect some woman who doesn't want to be protected.

 

[somd whisper]

I didn't think they did that anymore. It seems to me that domestics get charged, regardless of whether Mama presses charges or not.

They get a lot of that - woman is getting her ass kicked, so she calls the cops. Cops come get the guy off of her and haul him off, shows up in court with Mama on his arm and her going, "Please don't take my man!" Cops have better things to do than protect some woman who doesn't want to be protected.

While I understand your point it simply does not apply in this situation. Thanks for the input though.

 

[jwwb2000]

If she does not want to pursue the issue any further, have her go to the State's Attorney Office and file paperwork stating she will not testify against you. You need to self enroll into some type of counseling whether it be for anger management or for drinking.

 

[vraiblonde]

While I understand your point it simply does not apply in this situation. Thanks for the input though.

I'm merely replying as to whether he will face charges even if his girlfriend doesn't file a complaint.