I was charged with Assault on a Female in Wilmington, NC. I did not do it. My girl friend just wants it dropped. Will the DA drop the case? Do I need a lawyer?

Like most days, I was in court today.  While I was there I witnessed the following scenario. 

A man was charged with Assault on a Female.  The man said he did not do it.  The female said he did not do it.  She wanted the case dismissed. 

The ADA (the state prosecutor) explained to the female that this was a criminal case not a civil case.  He explained that she was not a party to the lawsuit, that she was a witness; that she had been subpoenaed to be in court, that she could be compelled to testify, that she told the officers on the night of the incident that she was assaulted, and that it is a crime to lie to the police.  He then asked her again, “Were you assaulted?”

This particular female stood her ground.  “No”, she said.  The pressure continued.

The man pled “Not Guilty.”  The judge conducted a short trial. The man testified that he did not assault her.  The female testified that the man did not assault her.  The judge found the man “Guilty”.  The judge sentenced the man to 20 days in jail and probation.

The ADA is not a bad person.  He is not a bully.  In fact, he is a good person.  The judge is not crazy.  They are both trying to protect a person who they believe was the victim of assault.  They believe she may be in danger.  They believe that she was telling the truth to the police and that she is not telling the truth now.  The ADA’s job is to protect victims whether or not they cooperate.

Every day women come to court and say, “He is sorry.”  “He did not do it.”  “He did not mean to do it.”  Many of those women are the assaulted over and over again.  Some of them are seriously injured.  A few of them have been killed.

That is the backdrop against which your case will be considered.  You do need an experienced criminal defense lawyer and you need one now.  If you have questions about your case, please call or contact us  on the right hand column of our home page or through the chat option for more information.


R. Clarke Speaks
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Trial Lawyer and Founder of Speaks Law Firm, P.C.