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View Full Version : Does the plaintiff have to show up at?


almondhead1
Jan 14, 2012, 06:49 AM
I have a paliminary hearing coming up in a few days for simple assault and having an instrument of crime it all started when I said hello to the plaintiffs boyfriend and as she walked by I smiled at her and turned around to go back into my apartment and I hear her say to her boyfriend "why is she always gritting on me?" well I thought that we were at least have way friends with her and her spouse so my feelings were a little hurt and I said to her
"what did you say?" and she said why you always gritting on me and blah blah blah some words were said I went back into my apartment and shut my door, she comes back and knocks on my door stuck her head and foot into my door and said to me your going to settle this with me woman to woman so felt threatened by this and went and got a knife and she ran but she did not go back into her apartment instead she stood there and was screaming all sourts of crap her boy friend called the cops could I be in big trouble for this?

JudyKayTee
Jan 14, 2012, 06:54 AM
I notice all of the conversation is very calm until something happened at which point you describe the converation generically as "blah, blah, blah." Interesting.

Yes, it's serious when you show a knife to someone. If you felt threatened, why didn't you call the Police?

Where are you? In MY area no, she doesn't have to go to Court for anything but your trial. What she does from now on doesn't matter because the Police charged you with a crime and she's just a witness - as is her boyfriend (if he saw/heard the incident).

AK lawyer
Jan 14, 2012, 07:03 AM
... she comes back and knocks on my door stuck her head and foot into my door and said to me your going to settle this with me woman to woman so felt threatend by this and whent and got a knife ... could I be in big trouble for this?

Yes you could. Even if she verbally threatened you, you did not have the right to escalate the matter by pulling a deadly weapon such as a knife.

You are guilty, at least as far as the assault charge is concerned.

But she is not the "plaintiff" unless she is suing you (a civil action). In a criminal matter such as this, technically the state is the plaintiff. She is the victim.

Fr_Chuck
Jan 14, 2012, 05:53 PM
Yes you could be in serious trouble. It could send you to prison even.

At the first hearing, normally the other parties are not there, normally they merely read the charges, and you plead guilty or innocent. If you don't have an attorney, normally then is when you request one. ( after pleading not guilty)