Legal Corner

Re:Good New after 2 months of waiting....
sidone 9912 reads
posted

It's not silly at all to be concerned about anything that you think might come between your assailant and his just punishment.  But put your mind at ease -- jurors are probably not going to care at all about whether anyone is sitting with you, and they certainly won't let it be the deciding factor between guilt and innocence.

It might be more helpful to have someone present at the time of sentencing, which comes later and is done by the judge rather than a jury.  Even then it is very unlikely to make a difference, but I suppose it could help tip the balance toward a harsher sentence and a more lenient one if the judge is torn between his or hir options.

ButWhyNot13826 reads

The jerk that sexually assaulted me will be going to trail very soon. yes, No, he wasn't a client and Yes, a knife was used.  My question is,,, Will not having friends and/or family members not in court with me, make it look bad for me?
Silly I know, But it's been a hard fight just to get to this point.  I want him locked up, never to touch or hurt another female.

-- Modified on 12/15/2003 11:33:44 PM

sidone9913 reads

It's not silly at all to be concerned about anything that you think might come between your assailant and his just punishment.  But put your mind at ease -- jurors are probably not going to care at all about whether anyone is sitting with you, and they certainly won't let it be the deciding factor between guilt and innocence.

It might be more helpful to have someone present at the time of sentencing, which comes later and is done by the judge rather than a jury.  Even then it is very unlikely to make a difference, but I suppose it could help tip the balance toward a harsher sentence and a more lenient one if the judge is torn between his or hir options.

ButWhyNot10077 reads

Main thing is getting him off the streets. Rent some family members for a day ... joking

If he's going to trial, his lawyer is probably planning on beating the rap, and one obvious angle would be to drag you over the coals.

I suggest you get your own lawyer to prepare you for this - if he's convicted, and has any assets, you've got a chance of communicating with him yourself, by emptying his wallet for a while.

Note in CA the criminal judge can order limited financial restitution, without you filing a suit.  The reason most convicts aren't sued is because they don't have enough to be worthwhile.  The way you're dealing with it suggests he might be an exception.

But don't expect any of this is going to cure him.  If we knew how to change people's behavior, there wouldn't be recidivists.

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