by Cantuckee on February 2nd, 2008

Cantuckee

Question

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How can a person be charge with 4th Degree Assault, spend one night in jail, and go to court 3 times have the charges dropped because the person who filed the charges did not show up in court any of the 3 times THEN be charged with 2nd Degree Assault?

Answers. 3 helpful answers below.

  • by jackpipe30 on September 24th, 2008

    jackpipe30

    If new evidence was found to support the bringing of the charge of 2nd Degree Assault, then the Prosecutor's office may present that evidence and proceed with the charges.

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  • by Anonymous on February 2nd, 2008

    Anonymous

    Charges are filed by the state through the prosecutor. The only way the entity that filed charges is not in court is if the prosecutor does not show up (which does not happen).

    Although a prosecutor files charges, they can only file charges if they have evidence to support the child. Evidence gathering is often ongoing. Perhaps the only evidence the prosecutor had was a witness that would not show up, but later found better evidence (like a videotape) that supports a harsher charge.

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  • by john pennington on February 2nd, 2008

    john pennington

    If you do not have an attorney, you definetely need one.

    Sounds like maybe the District Attorney is playing havoc with your charges and cannot find a prosecutor to appear in court, against you.

    Again, find yourself an attorney.

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