Maybe some don't care, but the vast majority of them do. In a situation where a Defendant has been charged with Domestic Violence and an alleged victim doesn't want the Defendant to be prosecuted, sometimes the best strategy in a case is for the alleged victim to tell the prosecutor face to face. The only thing that prosecutors normally see before a trial setting in a misdemeanor case is statements on paper. When a prosecutor reads a statement made by police officer, it is going to be presented in a fashion that makes the officer's decision look good. It is just human nature. Prosecutors deal with a wide range of cases, some are very serious, others are not serious at all, but sometimes the line between these cases gets blurred. When a prosecutor sits down with an alleged victim and the alleged victim tells them face to face about the incident, it can help the Defendant's case in some situations. Defendant's need an attorney with experience in Domestic Violence cases to evaluate the total situation, and the best strategy may include the alleged victim telling the prosecutor about what happened.
If you have been charged with Battery, Battery Domestic Violence, or any other related crime; or if a TPO has been issued against you, please visit georgeforjustice.com.
Wednesday, April 27, 2011
Wednesday, April 13, 2011
Subpoenas and Battery Domestic Violence cases
Many witnesses, including alleged victims, have questions regarding subpoenas in a criminal case, especially domestic violence cases. Often, the alleged victim in a battery domestic violence case does not want to testify against the defendant in a case for a multitude of different reasons.
Compelling people to appear in court to tell their version of events is essential to the criminal justice system. In order for a prosecutor to obtain a criminal conviction, he must prove a case beyond a reasonable doubt at trial. In order to do this, the state must introduce evidence that leads a trier of fact (judge or jury) to believe the defendant committed the crime in question. In most cases, this evidence mostly comes from the testimony of witnesses. This is especially true in battery domestic violence cases.
In order for a witness to have an obligation to appear in court to testify in a criminal case, they must be properly served with a subpoena. The law regarding service of the subpoena in a criminal case is as follows:
NRS 174.345 states:
"Service of subpoena. 1. Except as otherwise provided in NRS 174.315 and subsection 2, a subpoena may be served by a peace officer or by any other person who is not a party and who is not less than 18 years of age. Except as otherwise provided in NRS 289.027, service of a subpoena must be made by delivering a copy thereof to the person named.
2. Except as otherwise provided in NRS 174.315, a subpoena to attend a misdemeanor trial may be served by mailing the subpoena to the person to be served by registered or certified mail, return receipt requested from that person, in a sealed postpaid envelope, addressed to the person's last known address, not less than 10 days before the trial which the subpoena commands the person to attend.
3. If a subpoena is served by mail, a certificate of the mailing must be filed with the court within 2 days after the subpoena is mailed."
Below are the repercussions if a witness fails to attend the court date in question.
NRS 174.385 states that, "Failure by any person without adequate excuse to obey a subpoena of a court or a prosecuting attorney served upon the person or, in the case of a subpoena issued by a prosecuting attorney, delivered to the person and accepted, shall be deemed a contempt of the court from which the subpoena issued or, in the case of a subpoena issued by a prosecuting attorney, of the court in which the investigation is pending or the indictment, information or complaint is to be tried."
There are also other provisions of the law which enable a prosecutor to obtain a warrant for a witness's arrest if it can be shown that the subpoena was properly served and the witness failed to attend the hearing.
If you are a witness in a criminal case and you have questions about the process, please contact the law office of Pezzillo Robinson through georgeforjustice.com.
Compelling people to appear in court to tell their version of events is essential to the criminal justice system. In order for a prosecutor to obtain a criminal conviction, he must prove a case beyond a reasonable doubt at trial. In order to do this, the state must introduce evidence that leads a trier of fact (judge or jury) to believe the defendant committed the crime in question. In most cases, this evidence mostly comes from the testimony of witnesses. This is especially true in battery domestic violence cases.
In order for a witness to have an obligation to appear in court to testify in a criminal case, they must be properly served with a subpoena. The law regarding service of the subpoena in a criminal case is as follows:
NRS 174.345 states:
"Service of subpoena. 1. Except as otherwise provided in NRS 174.315 and subsection 2, a subpoena may be served by a peace officer or by any other person who is not a party and who is not less than 18 years of age. Except as otherwise provided in NRS 289.027, service of a subpoena must be made by delivering a copy thereof to the person named.
2. Except as otherwise provided in NRS 174.315, a subpoena to attend a misdemeanor trial may be served by mailing the subpoena to the person to be served by registered or certified mail, return receipt requested from that person, in a sealed postpaid envelope, addressed to the person's last known address, not less than 10 days before the trial which the subpoena commands the person to attend.
3. If a subpoena is served by mail, a certificate of the mailing must be filed with the court within 2 days after the subpoena is mailed."
Below are the repercussions if a witness fails to attend the court date in question.
NRS 174.385 states that, "Failure by any person without adequate excuse to obey a subpoena of a court or a prosecuting attorney served upon the person or, in the case of a subpoena issued by a prosecuting attorney, delivered to the person and accepted, shall be deemed a contempt of the court from which the subpoena issued or, in the case of a subpoena issued by a prosecuting attorney, of the court in which the investigation is pending or the indictment, information or complaint is to be tried."
There are also other provisions of the law which enable a prosecutor to obtain a warrant for a witness's arrest if it can be shown that the subpoena was properly served and the witness failed to attend the hearing.
If you are a witness in a criminal case and you have questions about the process, please contact the law office of Pezzillo Robinson through georgeforjustice.com.
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