looking for some legal help

somd whisper

New Member
Kain99 said:
In Maryland the law states that the abused is not needed to press charges. In special circumstances, the States attorney will drop charges if he determines that the "abused" has severe issues which could have an impact at trial.


Nope does not apply here....but thanks for clearing that up
 

somd whisper

New Member
Wenchy said:
Many people don't tell their family's about prior abuse.

It's possible that his bond is set at 100% because there were other incidents that you were not aware of.

Funny how alcohol and drugs come into play (not)

I guess he can now sue the drug company for his untoward behavior, even though the drug prescription(s) probably came with warnings to not use in combination with alcohol.


I live in the home with them and these people are not like that. They both are hard workers, good people that have never gotten into any trouble. They have been together for a very long time and both are respected by the co-workers, friends and so on.

As far as alcohol…. All of us may have a beer or two after work at home or a glass of wine but that is about it. Nothing really out of the ordinary. They are very respectful of one another…..I just cannot put into words how close these two were….
 

somd whisper

New Member
Kain99 said:
I know but the very fact that he signs up, is an admission of guilt, remorse etc. If he is shooting for a medical defense this may not be the best course of action.


That is a good point. I never thought of that.
 

somd whisper

New Member
Kain99 said:
I was really trying to help.


I am so sorry if I came off the wrong way. I did not mean to. I really do appreciate your help...I am just so tired and frustrated so if I wrote something that offended you it was unintentional. I try to be respectful to everyone. :flowers:
 

jayden0405

New Member
I know that if SHE filed the charges she can go to the States Attorney and try to drop them, BUT the state STILL has the choice to pursue the charges if they seem necessary. She CAN testify on HIS behalf, stating that they have worked things out/that this was one instance or so forth, making it look good on him. I mean if he has a bond set at $20K and it's 100% it must have been some serious damage that night.
 

somd whisper

New Member
jayden0405 said:
I know that if SHE filed the charges she can go to the States Attorney and try to drop them, BUT the state STILL has the choice to pursue the charges if they seem necessary. She CAN testify on HIS behalf, stating that they have worked things out/that this was one instance or so forth, making it look good on him. I mean if he has a bond set at $20K and it's 100% it must have been some serious damage that night.

Very much so. He was hallucinating, he thought he was seeing things that were not there and it was horrible, he did not recognize her or anyone and to this day cannot remember anything, I know that sounds fishy but you have to know him to understand why we believe him….. We had lost our dad not that long ago to cancer. It was hard, dad lived with my brother so him and I could take turns caring for him. It was especially hard on my brother, so the doctor prescribed him something that would help him. I am sure there is a warning on the label but I guess he did not take it too seriously which is a bad thing but it was really not for the intent of hurting anyone…..
 

somd whisper

New Member
That was very unkind

Comments on this Post Huge attitude on such a ####ing moron. *Kain*
Kain I do not think I was rude with you but if you felt that way I would have been more than happy to talk it out. I have always tried to respect others....and never have I ever gotten such a rude comment, not to mention the bad karma.

Again, If I came off the wrong way it was not intentional, and you can always post directly to me or please feel free to message me. I do appreciate your input, I just did not understand the points you were trying to make.
 

vraiblonde

Board Mommy
PREMO Member
Patron
somd whisper said:
Very much so. He was hallucinating, he thought he was seeing things that were not there and it was horrible, he did not recognize her or anyone and to this day cannot remember anything,
Is she alright?
 

somd whisper

New Member
vraiblonde said:
Is she alright?

At first she was really sore but, but nothing major. She is feeling much better.
Thanks for asking. I will take all of your advice. I cannot thank you all enough for taking the time to help us out.

Take care and I will keep this posted if anyone is interested in the outcome.
 

Ken King

A little rusty but not crusty
PREMO Member
Difference between 1st degree and 2nd degree is mostly that of intent (and of course the use of a weapon makes it a 1st degree offense). Given the drinking and prescription medication the charge should be the 2nd degree one. Now if the girl friend was not severely injured and she is willing she can meet with his lawyer and request a dismissal of charges.

§ 3-207. Dismissal of assault charge.

(a) Dismissal.- On a pretrial motion of the State, a court may dismiss a charge of assault if:
(1) the victim and the defendant agree to the dismissal; and

(2) the court considers the dismissal proper.

(b) Payment of costs.- The defendant shall pay the costs that would have been incurred if the defendant had been found guilty.

Not sure what lawyers are good and aren't of those listed but I have used Tom Pelligotti for crap my son got into years ago. Any prior convictions, as that might be a show stopper for the court considering the dismissal as being proper.
 

somd whisper

New Member
Ken King said:
Difference between 1st degree and 2nd degree is mostly that of intent (and of course the use of a weapon makes it a 1st degree offense). Given the drinking and prescription medication the charge should be the 2nd degree one. Now if the girl friend was not severely injured and she is willing she can meet with his lawyer and request a dismissal of charges.



Not sure what lawyers are good and aren't of those listed but I have used Tom Pelligotti for crap my son got into years ago. Any prior convictions, as that might be a show stopper for the court considering the dismissal as being proper.


Mr. King ,

I want to thank you very much for that input. I was able to speak with my mother and ny brothers girlfriend and was able to speak with a law office in St. Marys County this morning. Not a lawyer but someone who worked in the office.

We said exactly what you had asked and it seems that your advice was correct and most beneficial. I cannot thank you and everyone else for your help.

We also were able to request the Doctor write a statement as to his past history and the affects the mixing the two together may have caused. His doctor has treated him for a long time on a regular basis and is willing to state that he illustrated no previous signs of alcohol dependency or any apparent issues with anger that may have been apparent with a Doctor –Patient relationship. (those were the words from the Doctors office). So we are on the right track for now.

I am sorry for those that doubt the sincerity of this topic. While I do respect your opinions and appreciate your input, I really am looking for something that would be a little more proactive in dealing with this situation.

Granted, it is hard to get the whole story out on a message board but to be fair, it would be nice if you gave me the benefit of the doubt until proven otherwise. I have nothing to gain otherwise, but was only seeking help.
 
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