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Old 09-10-2007, 01:49 PM   #1 (permalink)
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Advice Please

My fiancee was recently put away for 2nd degree attempted murder, 4th degree dv, and 3rd degree assualt. The court issued a no contact order which means I can't get him commisary or an attourney or a bond for him which is set at 100,000.00. I am not sure what the punishment is for these kind of crimes, it is his first charge and there was no domestic violence. A gun went off in the room when him and my room mate were wrestling during an argument. I don't understand why his bond is this high and want to know what I can do to get the bond down and also what needs to be done to get the no contact order lifted as well as the punishment for these crimes. Any input would be helpful.
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Old 09-11-2007, 07:26 AM   #2 (permalink)
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Originally Posted by Chucksrebelrose View Post
My fiancee was recently put away for 2nd degree attempted murder, 4th degree dv, and 3rd degree assualt. The court issued a no contact order which means I can't get him commisary or an attourney or a bond for him which is set at 100,000.00. I am not sure what the punishment is for these kind of crimes, it is his first charge and there was no domestic violence. A gun went off in the room when him and my room mate were wrestling during an argument. I don't understand why his bond is this high and want to know what I can do to get the bond down and also what needs to be done to get the no contact order lifted as well as the punishment for these crimes. Any input would be helpful.

First of all, you cannot get "punishment for these crimes lifted". Secondly, you omitted a great deal of details, including your location (state). Thirdly, why was there issued a no contact order? Where you part of the alleged crimes? Where you charged with anything? Was domestic battery or assault a part of the crime? You say it was not, yet you say he was charged with "DV". Was it or wasn't it? What was the reason you were given for being served with a no contact order? Was it at his request?

Unless you were arrested and named as a codefendant, there is nothing YOU can do to get his bond changed. Has he hired an attorney? That is his attorney's job (public defender).

You seem to have a very cavalier attitude about the whole scenario. What allegedly happened is a very serious crime that could have resulted in death ( hence, the attempted murder charge). There is no way to predict the penalty for these crimes because he could plead guilty and receive a lesser sentence, he could enter a plea of not guity and go to trial, be found guilty and serve a longer sentence. Also, he could be found not guilty and go free. All of this depends on the evidence against him. But, generally speaking, a defendant is charged heavily and pleads down to lesser charges. A myriad of mitigating factors can contribute to the final outcome/punishment/pleadings. Age of the defendant, priors, mental capacity, etc. There is no way to predict what will happen in this case. Anyone who attempts to "crystal ball" you and tell you otherwise is foolish.

I would advise you to consult with his attorney---if he doesn't have one, try to speak with the public defender. But, don't expect the royal treatment. They may, in fact, see you as hostile since you could be called as a witness against their client. But, if anyone can or will help you, it will be them ( or, obviously, his attorney, if he hires one). This IS something he can do---he CAN help himself, even from behind bars. Since there is a no contact order, I would NOT violate it. That will only reflect poorly on him and you could end up being charged as well. You do NOT have a primary role in this, unless it is as a witness and you are called upon to participate. Allow him to use those who can contact him lawfully ( mother, father, brother, friend, etc) to assist him in these matters since the law has been very clear---no contact.

Interesting question--do YOU have the no contact order against YOU? Were YOU ordered not to contact him, or was HE ordered not to contact you? Or both? The difference is appreciable.
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Old 09-11-2007, 05:34 PM   #3 (permalink)
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Originally Posted by Chucksrebelrose View Post
My fiancee was recently put away for 2nd degree attempted murder, 4th degree dv, and 3rd degree assualt. The court issued a no contact order which means I can't get him commisary or an attourney or a bond for him which is set at 100,000.00. I am not sure what the punishment is for these kind of crimes, it is his first charge and there was no domestic violence. A gun went off in the room when him and my room mate were wrestling during an argument. I don't understand why his bond is this high and want to know what I can do to get the bond down and also what needs to be done to get the no contact order lifted as well as the punishment for these crimes. Any input would be helpful.
In a case with such serious penalties, I think your questions need to be directed to your fiancee's attorney first, and then your own attorney, as soon as possible. The reasons for the bond amount were already stated in court as well as the reason for the 'no contact' order. (All of your questions as to "why" are already a matter of public record.) After having those reasons explained to you again, I believe you'd need to petition the courts .. and certainly NOT something I'd remotely suggest you attempt on your own. Obviously you disagree with the court's action; I think you need someone a bit more objective and experienced to see if there's reasonable cause to file action regarding the no contact order. (Doesn't appear you were named as a party in regards to the bond amount issue.) Get in contact with good legal counsel as soon as you can. In my opinion, the tone of your post is much more serious than you realize.

Good luck.

Last edited by TheJury'sStillOut; 09-11-2007 at 05:38 PM.
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Old 09-11-2007, 06:49 PM   #4 (permalink)
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After having those reasons explained to you again, I believe you'd need to petition the courts ..
Petition the court for what?

This is not a civil proceeding, or a family court proceeding. It is a CRIMINAL TRIAL. You cannot simply call a hearing like you can in a family court trial.

She has no legal grounds to petition the court at all--she is not married to the defendant, nor is she biologically related to the defendant, even if it WERE something that happened in criminal trials. It does not. She has no legal right to petition the court, even through an attorney she hires on her own, to ask the court for a reduced bail, or for the no contact order to be lifted.

Imagine if it did, the backlog of petitions that would be thrown at the court via parents, girlfriends, boyfriends, grandparents, etc, who do not like the judges stipulations, amount of bond, etc. What a logistical nightmare.

Now, HE (the defendant) can petition the court through HIS attorney ( or public defender ). His attorney can appeal issues such as no bond, etc, at subsequent hearings he attends on the defendants behalf. However, the poster has no right to do so.


Criminal, not civil. Completely different ball game.
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Old 09-11-2007, 11:47 PM   #5 (permalink)
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First I really appreciate everyones input, more than everyone knows. First, the no contact order is for him not to contact me or my room mate. Second, I have tried to contact an attorney and we don't have that kind of money. I work but only enough to pay bills and thats it. I have searched for a pro bono attorney and no luck. Second, they have my statement messed up, I had bruises on my back they took pictures of and are relating that to a domestic violence which is why the no contact order is in effect. The bruises however were not from this incident, it was a four wheeling accident i had a few days previous which is obvious from the photos. And quite frankly I am afraid to make contact with him because of the order and I don't want him to get in any more trouble. I am pretty much with tied hands and don't know what to do. Any more suggestions?
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Old 09-12-2007, 05:33 AM   #6 (permalink)
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Originally Posted by Chucksrebelrose View Post
First I really appreciate everyones input, more than everyone knows. First, the no contact order is for him not to contact me or my room mate. Second, I have tried to contact an attorney and we don't have that kind of money. I work but only enough to pay bills and thats it. I have searched for a pro bono attorney and no luck. Second, they have my statement messed up, I had bruises on my back they took pictures of and are relating that to a domestic violence which is why the no contact order is in effect. The bruises however were not from this incident, it was a four wheeling accident i had a few days previous which is obvious from the photos. And quite frankly I am afraid to make contact with him because of the order and I don't want him to get in any more trouble. I am pretty much with tied hands and don't know what to do. Any more suggestions?
Try contacting your fiancee's attorney. If nothing else, legal aid should be available for you as well. What state did this occur in?

Last edited by TheJury'sStillOut; 09-12-2007 at 05:39 AM.
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Old 09-12-2007, 05:48 AM   #7 (permalink)
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Originally Posted by Chucksrebelrose View Post
First I really appreciate everyones input, more than everyone knows. First, the no contact order is for him not to contact me or my room mate. Second, I have tried to contact an attorney and we don't have that kind of money. I work but only enough to pay bills and thats it. I have searched for a pro bono attorney and no luck. Second, they have my statement messed up, I had bruises on my back they took pictures of and are relating that to a domestic violence which is why the no contact order is in effect. The bruises however were not from this incident, it was a four wheeling accident i had a few days previous which is obvious from the photos. And quite frankly I am afraid to make contact with him because of the order and I don't want him to get in any more trouble. I am pretty much with tied hands and don't know what to do. Any more suggestions?
YOU do not have a no contact order. HE has a no contact order. There is a difference.

You must have indicated in some manner that domestic violence was involved--they don't just routinely check (Oh, by the way, before he SHOT at anyone did he HIT anyone??) From what you have stated, you led officers to believe you had been hurt, and unless you have medical proof from going to the doctor you presumably fell off the four wheeler, to say the bruises were anything other than DV is a long shot.

I would not contact ANYONE--your being in touch with him is apparently lawful since YOU do not have a no contact order, BUT you could significantly damage either his defense OR the states case against him. If your bruises ARE not DV related, HIS attorney will contact YOU as a witness in his DEFENSE, to relate how the injury occurred and he can call expert witnesses to explain that from the color of the bruising, it can be assumed it is an old injury. Be advised though this is not probable, especially if he has a history of DV --and even more particularly, if the roommate "recalls" the events differently.

It is not uncommon for abused women to feel frantic when the abuser is sent to jail and want to "cover" for him. Law enforcement routinely see this---and even juries expect this to be the case. I would not interfere at this point. If you are being called by the prosecution, contacting HIS attorney could be detrimental and vise versa. In any regard, YOU are a material witness--you WILL be contacted, trust me and "everything" will come on in the discovery phase of the trial--if he actually goes to trial, which I suspect he will not. Aside from this role, you should play no other. Unfortunately, this process seems excruciatingly long for those who must participate. For that, there is no remedy.

I would suggest that you seek assistance/counseling from a domestic violence organization. While you say you just happen to have bruises while your boyfriend is firing guns "accidentally", to an impartial party reading this, one thing is clear---you are at risk. At the very least, you have a significant emotional attachment to a man who is very dangerous. Realizing that may, in fact, save your life. This was, if nothing else, a wake up call . Most people live their entire life and NEVER 'happen' to have serious bruising, concurrent with their being in a room where a gun goes off 'accidentally' in an altercation. This is not normal and is an indication this relationship has serious problems. Your loyalty to a disturbed man has the potential to end your life. GET HELP. Its out there.
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Last edited by GentleGrace; 09-12-2007 at 05:54 AM.
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Old 09-12-2007, 08:12 PM   #8 (permalink)
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Ok, I am finally understanding all of this a little better now, thank you to you all. I do have another question though. Since he has the no contact order, can I leave him commisary and go to his visits? I know this may be a dumb question but I am new to this whole thing.
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Old 09-12-2007, 08:55 PM   #9 (permalink)
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Ok, I am finally understanding all of this a little better now, thank you to you all. I do have another question though. Since he has the no contact order, can I leave him commisary and go to his visits? I know this may be a dumb question but I am new to this whole thing.

I would suggest you make NO contact with him until you have checked with his attorney. Again, the attorney can answer your general questions (about procedure) and will clearly indicate how to proceed (generally) without jeopardizing his/her client's case. I wouldn't be surprised if you are advised rather strongly to maintain your distance until the hearing. The attorney won't act as your legal counsel but will *do whatever he/she can to preserve the integrity of your fiance's case. I can only suggest you proceed with caution and do your best to follow the directions given you. This isn't the time to "do what you want," in my opinion, but exactly as you're told, no matter how difficult you find it.

Good luck.

Last edited by TheJury'sStillOut; 09-12-2007 at 09:03 PM.
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