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Bamagirl47 · Mar 4, 2013, 09:51 PM

I (the victim) have a case tomorrow that was originally written up as a sexual assault-felony. The offender is an illegal immigrant and the DA decided not to pursue the felony charge due to weak case, I was instead recommended to charge "harassment-sexual contact-no consent" (a misdemeanor). We have a private hearing in the morning with the municipal court in auburn al and I would like to know what the possible outcomes and procedures would be for this situation.

smoothy · Mar 5, 2013, 07:16 AM

Your lawyer didn't tell you all these things?

tickle · Mar 5, 2013, 07:26 AM

We can't tell you the possible outcome, we don't know the particulars from your description.

Do you have a lawyer attending?

Bamagirl47 · Mar 5, 2013, 09:43 AM

I don't have a lawyer... hence the question. He, an illegal immigrant pled not guilty and was appointed an attorney... how is it possible for a non citizen to have constitutional rights?

smoothy · Mar 5, 2013, 09:52 AM

I'm trying to wrap my head around how something could have been a felony and lawyers not being involved.

tickle · Mar 5, 2013, 11:41 AM

Originally Posted by smoothy

I'm trying to wrap my head around how something could have been a felony and lawyers not being involved.

I don't get this either. Maybe OP will explain the charge thoroughly.

Bamagirl47 · Mar 5, 2013, 07:21 PM

Originally Posted by tickle

I don't get this either. Maybe OP will explain the charge thoroughly.

The detective who amended the charge said that the DA did not want to pursue the felony. I was told that I was signing a warrant for the harassment-sexual contact-no consent and then got a subpoena for harassment (kick, strike, hit) and he has every ability to get off free because he literally didn't do that. He stuck his hands in my underwear when I was unconscious and none of these people will help me get him.

J_9 · Mar 5, 2013, 07:23 PM

I'm trying to wrap my head around how something could have been a felony and lawyers not being involved.

I don't get this either. Maybe OP will explain the charge thoroughly.

The OP is the victim. Not the offender. Thus the victim does not need to be represented by counsel.

J_9 · Mar 5, 2013, 07:24 PM

Bamagirl, to make this straight, are you being asked to appear to testify or are you being charged for something?

joypulv · Mar 5, 2013, 07:28 PM

I have a feeling that the DAs office feels that you were in some sort of place and condition that doesn't make you look good (sleeping outdoors, passed out, etc). We aren't there, and you haven't said much. He may get a public defender at taxpayer's expense while you don't. That's just the way it goes.

Bamagirl47 · Mar 5, 2013, 07:30 PM

Originally Posted by J_9

Bamagirl, to make this straight, are you being asked to appear to testify or are you being charged for something?

I will be there to testify to what he did to me that night.

Bamagirl47 · Mar 5, 2013, 07:34 PM

Originally Posted by joypulv

I have a feeling that the DAs office feels that you were in some sort of place and condition that doesn't make you look good (sleeping outdoors, passed out, etc). We aren't there, and you haven't said much. He may get a public defender at taxpayer's expense while you don't. That's just the way it goes.

My problem now is that the detective led me to believe I was signing a warrant for a sexual harassment and he wrote up a charge that is illegitimate... therefore I fear the offender will be correct in his not guilty plea... because he never hit me. I have been misled and am going to court to fight for something that didn't happen? I don't know what to do to charge him with what actually happened because I can't even get the detective to return my phone calls.

AK lawyer · Mar 5, 2013, 07:43 PM

It seem straightforward to me. The defendant is being charged with a misdemeanor because the DA didn't think the case for a felony was strong enough. Evidently, however, the government (state, municipality, whatever) prosecutor is still going to prosecute. OP doesn't need nor get a lawyer because she isn't being charged with anything.

To answer OP's questions, the prosecutor will run the show; just follow his/her lead.

And the non-citizen defendant gets a PD because that's how the system works. It's unclear that it's constitutionally mandated, but non-citizen indigent criminal defendants get PDs (depending on the seriousness of the offense) anyway.

J_9 · Mar 5, 2013, 07:44 PM

You cannot sign a warrant for anything. You aren't law enforcement, so you don't have the authority to sign a "warrant."

You don't do anything to do with what he is or is not being charged with. What you are required to do is to tell the truth of all questions that are asked of you.

joypulv · Mar 5, 2013, 07:53 PM

After reading Alabama codes 13A-6-22 and 13A-6-23, it looks like you are going to have a tough time with a charge of assault. 22 is assault in the third degree, the least severe of the assault definitions, and it's a misdemeanor, but physical injury is required. 23 is Menacing.

Bamagirl47 · Mar 5, 2013, 07:55 PM

Originally Posted by joypulv

After reading Alabama codes 13A-6-22 and 13A-6-23, it looks like you are going to have a tough time with a charge of assault. 22 is assault in the third degree, the least severe of the assault definitions, and it's a misdemeanor, but physical injury is required. 23 is Menacing.

There is no assault charge anymore. Sexual assault in the 1st degree was the original charge on the initial police report.
The current charge is harassment.