Criminal Law/Assault

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Question
I was involved in an event six months ago. My husband's ex wife shoved me hard in my pregnant stomach as i threatened to call police if she were to lay a hand at me once more. She later filed a police report stating i was the one who shoved her and her son first, when in fact, she is the one who shoved me intentionally in stomach. I too filed a police report the same evening. Police investigated and charged us both with disorderly conduct charges. Hers were recently dropped with a divergence program, and mine were dropped, ,all but one, and one was converted to an assault charge by the prosecutor. I dont understand how this can possibly be. Is this because the other party pressed charges on me ? Or, is this just the other party cooperating regarding my case with the prosecutor? I feel when she had her trial, i gave up my rights by not attending her trial which i probably should have. Can i possibly press assault charges to, although her disorderly  conduct charges were dropped already a month ago? Is it too late for me to do? I am the one pregnant and feared my life and filed a restraining order immediately following  assault.

Answer
Melissa,

As I state in my profile I don't have a crystal ball and cannot know about things that go on in any particular courtroom.

On the other hand why are you surprised that the other woman's charge was dropped when you didn't even attend the trial as you were most likely summoned since you were both the victim and witness?  You can hardly blame the prosecutor for that.

I don't know what the statute of limitations are in your state but the only way to find out is to contact the prosecutor, who has probably had enough of this drama by now, to find out if swearing out a warrant would be possible.  But seeing that you didn't bother complying with the first summons why would  you comply with the second one?

Take a few minutes to think about this.  What would you gain by placing charges against the other woman?  A day or day(s) in court, nothing will ever happen, no one is going to jail, and whatever penalty that would be meted out would be small.  Then make up your mind if you want to make that phone call.

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Jack Toomey

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If you are an author asking for help I will gladly assist you. I do expect a reasonable donation using the Paypal feature. Please do NOT ask questions about potential jail sentences that you or your friends may receive in court. court. There is no way for me to know that. Only a judge could answer a question like that. I am also NOT a probation officer or parole officer so I cannot answer questions that relate to parole or probation. Also please keep in mind that every state has different laws. If you are planning to ask a question about a specific law or criminal charge that pertains to your state only it could be difficult to answer. I also cannot give you legal advice on what to do or what not to do in court. Retired police officer with 26 years experience. Worked in the patrol division as well as over 14 years in the detective bureau. Investigated a wide range of crime such as murder, rape, robbery, theft, fraud, missing persons, and other very sensitive crimes. I am available to answer your questions about criminal law and especially as it applies to police work. I taught at the police academy for several years and am especially knowledgeable about search and seizure. Any question about criminal law is welcome! Please don't ask me to do your homework or ask me questions that obviously come from your teachers or professors. I also do not do online interviews or surveys. Young people need to gain face to face interviewing skills. Local police officers usually are very agreeable to assist in these assignments.

Experience

I am a retired police officer with 26 years experience. I investigated almost every type of crime including murder, rape, theft, missing persons, fraud, and domestic abuse. I am very knowledgeable about search and seizure and taught at the police academy for several years on a variety of subjects. I can answer questions that a lot of attorneys cannot since they do not have "street experience".

Education/Credentials
Bachelor of Science degree in Criminolgy from the University of Maryland.

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