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What is Law Process in this case?
My daughter's boyfriend was arrested for disturbing the peace and unlawful imprisonment as a result of an argument between the two. Witnesses thought she was being forced into a vehicle but both swear she wasn't. Disturbing the peace has been dropped, but not the imprisonment - even though she doesn't wish to file a complaint. The judge, who asked no questions at the first hearing, issued a "no contact" order between the two of them for 13 days. He was very rude to my daughter, calling her a "drama queen." The boyfriend spent the night in jail.
My first question is - how can the city pursue this without her consent? My second is - there is a plea hearing on Monday. Is there any way to get this type of charge dismissed at the plea hearing or will these kids have to go through a trial? Cannot get a legal aid lawyer appointed until a plea and there is no money for a lawyer.
State is Arkansas
2 Answers
- davidmi711Lv 71 decade agoFavorite Answer
"how can the city pursue this without her consent" - Simple, they don't need it. When the case comes up it is not her vs him, it is the state vs him.
"is a plea hearing on Monday. Is there any way to get this type of charge dismissed at the plea hearing or will these kids have to go through a trial?" - Is there a way? Sure. Is it likely? Not at all.
"Cannot get a legal aid lawyer appointed until a plea" - That is a false statement. He needs to contact the public defenders office right away.
My question to you: "why are you spending your effort defending a guy that several people that witnessed the event say abused your daughter? Makes no sense to me. If I was in this situation, you could bet the guy would get no where near my daughter.
Get her in to counseling, she may have battered wife syndrome.
- 1 decade ago
In most states it is required that when there has been an arrest for "unlawful imprisonment" the party member that the police believed to have done the crime there must be a cooling off period. If there was a witness to the act the state can use them as witness for the state. Because of a history of women claiming victim of a crime all reports must be fully investigated. Tell him to plea not guilty then it will go to trial or be dismissed due to lack of evidence or witnesses. Have him request a public defender and let him handle the case. Make sure that if they are allowed contact with each other that there isn't any other misunderstanding from the public eye.
