
03-01-2006, 02:12 AM
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Senior Member
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Join Date: Jul 2005
Posts: 146
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Quote:
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Originally Posted by lazyangel98
I could really use some advice, recently my bf got locked up for an assault and battery with a dangerous weapon...however no weapons were used and the victim only had a few lumps and scratches...but the victim says 4 guys beat him with pipes and bats...if this had happened he definatly would have been more hurt. anyways, 3 of the 4 guys accused are locked up because of violations of probation, one is out on bail. The victim has not showed up to court either the day after the assault or the last court date, they have continued the case again. one of the guys is under the impression that if the victim does not show up to court 3 times in a row the charges will be dropped, the other boys are under the impression that if the victim does not show up in court they will have to finish their probation sentences and be in there even longer. only one guy says he actually was the one who beat the victim, but he will not plead out or make a statement. please! i need some help, i need to know what the laws are about victims not showing in court, and having more charges while on probation. Hes being held for 60days for the violation of probation (but the violation is not because of the A & B) it is one big mess! please help me.....
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The criminal justice system in our country is not pretty. Cases are prosecuted not because a person is guilty or innocent, but based on what the prosecutor can prove. The only defense here is a good criminal defense lawyer. Even then, all the laws are stacked up in favor of the prosecution.
Probation is a form of incarceration. While on probation or bail, the person on probation agrees to not break any laws and follow probation rules. If your boyfriend committed another crime under probation, they can extend the probation, incarcerate him, punish him some other way. So, by committing a crime while on probation, you are committing two crimes, the original one and the crime of violating your probation. The probation department may also use an administrative hearing to incarcerate your boyfriend, even if he is never convicted of the origional crime by a jury. While on probation you are still “in the system” and therefore able to be punished without the usual “innocent until provan guilty” concepts afforded to those not “in the system.”
Good Luck!
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