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how to convince a municipal court judge

 
 
brahmin
 
Reply Thu 29 Aug, 2013 10:48 am
Ok I was assaulted in august 2011.

I was a college student and another college student assaulted me outside my house. I registered a police case recently. It was classified as a class C Assault. both me and the suspect gave our testimonies.

The case report is now with a municipal court judge - however there is a chance that the case may be dismissed seeing that it is 2 years already and it is only a class C assault.

However the assailant cannot be allowed to get away with it - aside of the assault on me, he has harassed me for 3-4 months, pulled off an alcohol induced sexcapade in my house, threatened to hit a senior college in the college, and caused me no end of emotional trauma (after the assault) so much so that i had to seek medical counselling in college.

However the police case is only about the class C assault.

So the question to our experts here is how can I, give the big picture to the judge to convince her to bring the guy (and me) to appear in court for a proper investigation of the issue? I am confident I can get him indicted if i can get him in court.

His behavior and actions cannot be accepted from any college student and it would set an extremely dangerous precedent if he were allowed to get away.

So what do you suggest is the best way forward.

 
jespah
 
  4  
Reply Thu 29 Aug, 2013 10:51 am
@brahmin,
Get a lawyer.

This is why they exist.
tsarstepan
 
  2  
Reply Thu 29 Aug, 2013 10:57 am
@jespah,
jespah wrote:

Get a lawyer.

This is why they exist.

Precisely this. Get a lawyer have him or her write up and get the police to initiate a restraining order. Follow up with the college and see if they can investigate and possibly expel this problem student. But as Jespah said, "Get a lawyer."

You're not going to have a leg to stand on without some kind of authority figure who knows the proverbial legal ropes.
brahmin
 
  1  
Reply Thu 29 Aug, 2013 11:00 am
@jespah,
are they going to be costly - if the only thing I expect of them is to convince the judge not to scrap the issue.
0 Replies
 
brahmin
 
  0  
Reply Thu 29 Aug, 2013 11:02 am
@tsarstepan,
please explain what is a "restraining order"

as for the college - please read this - http://able2know.org/topic/213828-1
0 Replies
 
brahmin
 
  1  
Reply Thu 29 Aug, 2013 12:36 pm
any one else - please - lawyers are not an option - I do not have that kind of money Sad

How to convince her otherwise
0 Replies
 
brahmin
 
  1  
Reply Thu 29 Aug, 2013 12:36 pm
any one else - please - lawyers are not an option - I do not have that kind of money Sad

How to convince her otherwise
0 Replies
 
jespah
 
  2  
Reply Thu 29 Aug, 2013 02:36 pm
Get a lawyer on a fee retainer basis.

Face it - you don't know shinola about the law. You are not going to get anywhere without representation.
0 Replies
 
Peter Frouman
 
  3  
Reply Thu 29 Aug, 2013 04:42 pm
@brahmin,
As others have noted, getting good legal advice from a qualified attorney in Texas is your only option if you want to pursue this further.

Can you afford to spend no more than $20 for a 30-minute initial consultation with an attorney? If so, you should call the State Bar of Texas
Lawyer Referral Information Service and ask for a referral.
see http://www.texasbar.com/AM/Template.cfm?Section=Lawyer_Referral_Service_LRIS_

It sounds like you may have grounds for a civil suit but you'll definitely need a lawyer in Texas to help you figure out if you have a viable case and claims that aren't barred by civil statutes of limitations.

Regarding the misdemeanor assault case, there are a few things you should understand:

1. In Texas, a municipal court judge does not have any authority to order an investigation into anything.
2. In Texas, the maximum punishment for a Class C misdemeanor is a $500 fine. Conviction of a Class C misdemeanor does not impose any legal disability or disadvantage.
3. The attorney representing the state (in a Texas municipal court, it would likely be a city attorney) prosecutes the case. It their job, not yours, to persuade the judge.
4. In Texas, indictments are only used for felony cases.

0 Replies
 
chai2
 
  1  
Reply Thu 29 Aug, 2013 05:39 pm
you sound like one cheap bastard that wants to make someone pay (be punished) for something that has happened in the past, just to prove something to them, but not take anything out of your own pocket.

You're not even a student any more. Grow up.

I suggest you move on with your life. Get back on your meds.
0 Replies
 
joefromchicago
 
  2  
Reply Fri 30 Aug, 2013 12:01 pm
@jespah,
jespah wrote:

Get a lawyer.

This is why they exist.

Why should Brahmin get a lawyer? As I understand the original post, this is a criminal case and Brahmin is the victim. Consequently, Brahmin already has a lawyer - it's the prosecutor.

As for the original question, the way to convince the judge is to be a convincing witness. A two-year-old criminal case isn't particularly old, and I doubt a judge would dismiss a case solely on the basis that it's two years old. It's more likely that the prosecutor will make a deal with the defendant than the judge will dismiss the case.
PUNKEY
 
  1  
Reply Fri 30 Aug, 2013 02:41 pm
You said: "aside of the assault on me, he has harassed me for 3-4 months, pulled off an alcohol induced sexcapade in my house, threatened to hit a senior college in the college, and caused me no end of emotional trauma (after the assault) so much so that i had to seek medical counselling in college."

How is it that you are even in any proximity of this person? Why didn't you go to the police and get a restraining order against this person - which would have kept him/her from even being near you.

You must show the authorities that this is more than a dysfunctional on-going relationship.
0 Replies
 
jespah
 
  2  
Reply Fri 30 Aug, 2013 03:40 pm
@joefromchicago,
Joe, the impression I get is that this rather small case isn't moving at all. There's little talk of a prosecutor (I just had to look up class C assault to even learn that it's a criminal matter as I had thought this was civil).

I think the prosecutor's not doing shinola. Plus there is the possibility that there is some sort of a civil matter in parallel to it (that part is unclear).

To move a small civil case in a burdened prosecutor's office, what to do? I am thinking there is little to nothing to do. But a misdemeanor case is not likely to get as far as a trial; I am surprised it is even in muni court. I suspect it'll be settled quickly by the DA with a plea (and am wondering why it hasn't been already).

If a civil matter is going to be brought, then the best thing Brahmin can do is get a lawyer of his own. As he seems confused about the law (and that seems to be adding a layer of confusion onto this matter), I think a lawyer is probably the only way he's really going to get his story told. As for whether he'll win, who knows?
joefromchicago
 
  2  
Reply Sat 31 Aug, 2013 10:57 am
@jespah,
The way to motivate a prosecutor who isn't moving a criminal case along is to be a total pain in the ass. Call the prosecutor at least once a week, asking for updates on the progress of the case. Attend hearings. Write letters to the prosecutor's supervisor and your local mayor/alderman/councilman. In short, be like a kid in the backseat who is constantly asking: "are we there yet?"
roger
 
  1  
Reply Sat 31 Aug, 2013 11:48 am
@joefromchicago,
I'll keep that in mind, but I suspect the usual answer will be "Mr/Ms x&so isn't available at this time. Would you like hisorher voice mail.
0 Replies
 
 

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