You are here:
- Home
- News/Issues
- Crime/Punishment
- Criminal Law
- domestic assault, URGENT time frame
Criminal Law/domestic assault, URGENT time frame
Advertisement
Question
Hi Jeffrey
I have a complicated question. In 2004 my mother was very ill with cancer. She and my husband started chemo on the same day. I was staying with her and taking care of both of them. My daughter, who was 20 at the time and very irresponsible, and I had a huge fight that ended in physical confrontation. Nothing like this had ever happened before, nor has it since. We were both under extreme emotional duress. She was angry called the sherriff's department. She says she was basically brow beaten and mislead into signing a police report. They came out and talked to me, left for four hours and came back and arrested me. I was held for 24 hours and released. Charges were filed WEEKS later, and I was mailed notification of that. During this time my mother became sicker and sicker. My daughter didn't show up for the arriangment, did NOT want to participate in any of this and refused to do so. The PA threatened her etc and she refused. Judge wanted to drop the charges, PA refused. I had to reschedule a couple of times due to my mother's illness. I tried, and my attorney at the time tried, to agree to counseling for both of us or whatever and there was nothing doing. I also tried to explain to him my mother's serious illness. He actually either didn't believe us, or became confused often as to WHO was sick and somehow kept thinking I was saying it was me. It was very bizarre. I had witnesses who stated that it was not as they had believed and was in fact self defense on my part. They didn't even want to take those statements at all, and I think finally did. Long and the short of it was that we had a date set to go before the judge during which we were supposed to ask for a full trial rather than a bench trial because my attorney felt the whole thing was crazy and was afraid I wouldn't be treated fairly. I have NO history of ANY kind of arrests. Not even a traffic ticket in YEARS. A week before the trial date my mother began actively dying. We were from out of state and she begged to go home to die. I tried to talk to the PA about the situatin and could not, he refused even to talk to me. We left the state on April 27 prior to my May 3rd scheduled court appearance. My mother passed away on the 24th of May. We are now set to appear in court to address the warrant that was issued in 04 due to failure to appear, on April 29. We have been told that they should drop the charges, and for my daughter not to be there at all. She is havng a fit because she has been lied to so many times by this PA and is terrified about what might happen to me if she doesn't go. What's your opinion on the situation and what we should do? She is very uncomfortable with not being there and yet the advice that we continually get is that she should not be. I have three other children. ages 20, 15 and 2, and have been married for 25 years. I have absolutely no history or arrests.
thanks very much in advance for your time
Cindi
Cindi,
Your situation is strange in that your daughter is the "victim" in this case and must be available as the State's witness for a trial. I understand why you missed your court appearance but the State obviously does not. However, since the State has the power to hound you until the day you die it is to your immense benefit to get this behind you. My advice is to consult with a competent criminal defense attorney who is willing to take this case and get it dismissed at any cost. In my opinion changing the venue or location of the court to find an impartial judge would be a good first step. Your new attorney can handle that for you.
I am confident from the facts that you have provided that you can make the prosecution of your case very difficult for the State by the mere fact that your daughter does not want to participate in the proceeding. Why the State is persisting is a question that needs answering.
In other words is the District Attorney up for re-election and wants to she that he or she is "tough" on crime? Regardless, your situation seems pretty clear and understandable and in truth, is very common. Get an attorney at any cost and get out from underneath this.
Best of luck to you.
JP
Related Articles
Answers by Expert:
Jeffrey-Peter Hauck
Expertise
I would welcome the opportunity to answer questions relating to or related to the field of criminal law. I possess the experience and education necessary to answer your concerns or to point you in the right direction. I appreciate your confidence. Thank you!
Experience
Adjunct professor of criminal justice and political science teaching the courses of "criminal law," and "constitutional law" among others. Decorated retired 15 year veteran police sergeant, twice promoted through the civil service commission. Served in the capacities of patrol officer, training officer, SWAT officer, first line patrol supervisor and administrative supervisor. Graduate of several criminal investigation schools and currently a licensed private detective. Holding over 50 certifications related to police training and instructing in disciplines such as "defensive tactics," "firearms," and "professional development." 8 year veteran of the United States Army. Rank of Staff-Sergeant (E-6). Held positions of Platoon Sergeant, Asst. Platoon Sergeant, Squad Leader, Fire Team Leader, Supply Sergeant, and Liaison NCO at staff officer level. Military Occupational Specialty (MOS) 11BPF7, Airborne Infantry NCO Soldier & Pathfinder. Cross trained into the field of supply (76Y) and administration (71L). Completed PLDC, BNCOC, and ANCOC leadership courses. Current subject matter expert and CBRN (Chemical, Biological, Radiological, & Nuclear) Commissioned Chemical Branch Officer in the U.S. Army Reserve.
Organizations
ASIS International. Police Executive Research Forum (PERF). National Criminal Justice Association (NCJA). Academy of Security Educators and Trainers (ASET). American Society of Criminology (ASC). National Tactical Officers Association (NTOA). International Tae Kwon Do Union (ITU), among others.
Publications
Published Full length novel, “Ports And Happy Havens,” Co-authored with L.A. Broskey, Copyright. ISBN: 1-4208-1261-0. Full length novel, “The Awful Grace Of God,” Co-authored with L.A. Broskey, Copyright (publishing in progress). Review & Discussion of the case of: Burley v. Pennsylvania Department of Public Welfare. Published in the PA Administrative Law Journal. Spring 2003. Review & Discussion of the case of: LTV Steel Company, Inc. v. Workers' Compensation Appeal Board. Published in the PA Administrative Law Journal. Spring 2003. Review & Discussion of the case of: Rydzewski v. Workers’ Compensation Appeal Board. Published in the PA Administrative Law Journal. Summer 2002. “Handcuffing Techniques Manual For Loss Prevention Officers.” 2002. Copyright. “Model Emergency Response Team Policy and Member’s Manual.” 1999. Copyright. “Women’s Fundamental Self-Defense Manual.” 1998. Copyright, among others.
Education/Credentials
Doctor of Jurisprudence (J.D.), Widener University School of Law. Harrisburg, PA. Graduate of the Law and Government Institute of Widener University School of Law. Certification in Law & Government. Harrisburg, PA. B.A. Criminal Justice, DeSales University. Center Valley, PA. Certified Legal Assistant & Paralegal, Blackstone Career Institute, Allentown, PA. Licensed Private Detective, Lehigh County, Pennsylvania. Certified Special & General Law Enforcement Academy Educator/Trainer Pennsylvania Municipal Police Officers’ Training And Education Commission (MPOTEC). Certified Law Enforcement Trainer (CLET) Certification, American Society for Law Enforcement Training (ASLET), Frederick, MD. Municipal Police Officer Certificate of Training & Licensure (Act 120), Police Academy Training. PA Certified Act 235 Lethal Weapons Instructor in Academics, Firearms, and Skills training, among others.
Awards and Honors
United States Army Meritorious Service Medal. United States Army Commendation Medal, awarded twice. United States Army Achievement Medal, awarded four times. United States Army Good Conduct Medal. United States Army Expert Infantry Badge. United States Army Parachutist Badge. Government of Honduras Parachutist Badge. United States Army Air-Assault Badge. United States Army Pathfinder Badge. American Police Hall of Fame’s “Legion of Honor Award for Line of Duty Injury.” Venerable Order of The Knights of Michael The Archangel, “Knight Chevalier Award.” American Police Hall of Fame’s “Honor Award.” The John Edgar Hoover Memorial Gold Medal for Distinguished Public Service Award. American Police Hall of Fame “Long and Honorable Service Certificate.” American Federation of Police and Concerned Citizens’ “George Washington Second Amendment Gun Rights Award.” American Police Hall of Fame “President’s National Medal of Patriotism.” Widener University School of Law “Dean’s Honor List.” International Tae Kwon Do Union’s (ITU) World Wide Martial Arts Hall of Fame Award for “Assistant Instructor of the Year,” 2002. “Who’s Who Among American Law Students,” 22nd Edition, 2002 Recognition Award. World Karate Union Hall of Fame, “Instructor Of The Year For Police Control Tactics & Self-Defense,” 2004, among others.
©2012 About.com, a part of The New York Times Company. All rights reserved.