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Posted: 11/17/2023 12:43:28 PM EDT
[Last Edit: First-World-Problems]
I have a complicated situation where someone I know filed harassment and stalking charges at the magistrate. For complicated reasons, I can’t just go beat the guy up, and he’s likely carrying a gun by now anyway. I don’t want to go there.

What kind of lawyer represents the victim? Everyone I’ve called said they don’t handle it. -answered, the DA


I also have questions about the process. I’ve never dealt with anything legal before at all. We went to press the charges and they gave us a subpoena for a hearing in about a month. It has the state versus the other guy on it. - I think it’s a preliminary hearing.

Could someone give me a quick run through of the rest of the process?  I’m researching it and could use all the help I can get.
Link Posted: 11/17/2023 12:46:42 PM EDT
[#1]
Charges for what?  What did he do to you?
Link Posted: 11/17/2023 12:48:40 PM EDT
[#2]
Did you sign a warrant?
Link Posted: 11/17/2023 12:53:53 PM EDT
[#3]
Not enough info here. Who is the “victim” and how are they related to/know this person? What is your involvement? Are there police reports documenting incidents?
Link Posted: 11/17/2023 12:55:23 PM EDT
[Last Edit: Jmo371] [#4]
The DA/ADA represents the victim....


Is this a weird family court case op...or a criminal case.
Link Posted: 11/17/2023 12:58:13 PM EDT
[#5]
You can go to the courthouse and file for a protective order if you are afraid the dude might harm you
Link Posted: 11/17/2023 1:04:28 PM EDT
[#6]
Did the court give you any instructions on how the papers need to be served?  Most places you'll need to go to the Sheriff's Department and have them serve the papers on the respondent.
Link Posted: 11/17/2023 1:05:23 PM EDT
[Last Edit: First-World-Problems] [#7]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By GingerShanks:
Not enough info here. Who is the “victim” and how are they related to/know this person? What is your involvement? Are there police reports documenting incidents?
View Quote



Sorry for being obscure. It’s very possible that some of the people involved could come to this site.

It’s a woman I know
We filed a police report
Filed a no contact report
Pressed charges, the subpoena they gave her didn’t say the charges but I think it was for simple battery and stalking. She has some audio evidence she can produce of someone saying he admitted to several of the problems, and it involves work.

And wouldn’t the person on the recording have to be subpoenaed for the recording to be admissible. I know the juice isn’t worth the squeeze probably for those charges but it’s about making a statement.
Link Posted: 11/17/2023 1:09:16 PM EDT
[Last Edit: Gamma762] [#8]
You don't "press charges" unless you're a charging authority, ie, a prosecuting attorney with jurisdictional authority in your area. Unless your state has some wacky provision that allows private citizens to prosecute crimes.

If the person has committed a crime, contact your local jurisdictional law enforcement agency and state that you wish to file/sign a complaint.

If LE doesn't want to help you, you could try contacting your local prosecuting attorneys office.

Likely the answer that you are going to get is that you should file for a restraining order.
Link Posted: 11/17/2023 1:14:52 PM EDT
[#9]
Discussion ForumsJump to Quoted PostQuote History
[b]Originally Posted By . I know the juice isn’t worth the squeeze probably for those charges but it’s about making a statement.
View Quote


The court doesn't look fondly on those trying to "make a statement, or prove a point."


Link Posted: 11/17/2023 1:17:30 PM EDT
[#10]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Gamma762:
You don't "press charges" unless you're a charging authority, ie, a prosecuting attorney with jurisdictional authority in your area. Unless your state has some wacky provision that allows private citizens to prosecute crimes.

If the person has committed a crime, contact your local jurisdictional law enforcement agency and state that you wish to file/sign a complaint.

If LE doesn't want to help you, you could try contacting your local prosecuting attorneys office.

Likely the answer that you are going to get is that you should file for a restraining order.
View Quote



This is a really shitty situation. Her work is refusing to do anything for what I could only assume is liability reasons.

This is even with threatening a no contact order. So I want to go full retard.
Link Posted: 11/17/2023 1:22:15 PM EDT
[Last Edit: First-World-Problems] [#11]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Jmo371:


The court doesn't look fondly on those trying to "make a statement, or prove a point."


View Quote


See my last post. Her work refused to do anything. Asked to be moved and was told no. That whole place lets sexual harassment go with no repercussions. She knows a lot of people that had problems. I’m working on getting her out but it pays well so we are trying to knock some sense into the company. Have already filed with the EEOC and the guy was surprised at how stupid HR is being. Said it’s not common but happens more than you think.
Link Posted: 11/17/2023 1:24:44 PM EDT
[#12]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By First-World-Problems:



This is a really shitty situation. Her work is refusing to do anything for what I could only assume is liability reasons.

This is even with threatening a no contact order. So I want to go full retard.
View Quote



The no-contact report probably generated the suponea because both parties get to speak to the judge.

And just because you filed a police report it doesn't mean someone was criminaly charged.....it very well may not meet the elements of a crime.

Link Posted: 11/17/2023 1:32:05 PM EDT
[#13]
In the course of work I frequently go to the local PD and write out an affidavit. The city attorney is my lawyer when I "press charges"

This sets me up for court dates etc which I would usually prefer to avoid.

Sounds like the workplace component adds a layer of complexity to this issue. There are resources for that. If it is a coworker and HR does nothing then the company could get in serious shit.
Link Posted: 11/17/2023 1:41:07 PM EDT
[#14]
I’m researching more and figuring this out. So I didn’t literally press charges. I filed the complaint at the magistrate’s office and now I need to present any evidence to DA now. Does this all sound correct so far?
Link Posted: 11/17/2023 1:55:02 PM EDT
[Last Edit: Jmo371] [#15]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By First-World-Problems:
I’m researching more and figuring this out. So I didn’t literally press charges. I filed the complaint at the magistrate’s office and now I need to present any evidence to DA now. Does this all sound correct so far?
View Quote


You did? Or she did?....




Just as an FYI your attitude and statements to the PD and everything are very much in play.



The officer assigned to you will absolutely go around and tell the other party, yeah she didn't really say much, but he was in here cussing you out and telling us we need to arrest you etc....the PD is not on your side, they are a neutral party.




Link Posted: 11/17/2023 4:01:20 PM EDT
[#16]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Jmo371:


You did? Or she did?....




Just as an FYI your attitude and statements to the PD and everything are very much in play.



The officer assigned to you will absolutely go around and tell the other party, yeah she didn't really say much, but he was in here cussing you out and telling us we need to arrest you etc....the PD is not on your side, they are a neutral party.




View Quote


Just went by the DA’s office. It’s assault on a female and misdemeanor stalking. He hasn’t been served yet. Just did this the other day. I didn’t personally do all this but was there and helped with it all.

They also said I can submit any evidence that I have by bringing it in or email.

But they did give me a card for the DA that it’s assigned to, and the charge number of the case.
Link Posted: 11/17/2023 11:31:32 PM EDT
[#17]
Originally Posted By First-World-Problems:
What kind of lawyer represents the victim? Everyone I’ve called said they don’t handle it.
View Quote

There isn't one.  Check to see if the DA/prosecutor's office has a victim advocate who can help your friend understand the legal process.
Link Posted: 11/17/2023 11:48:04 PM EDT
[#18]
Why are you involved OP?  Is this "women" over 18 then let her handle her own business.  You sound like a white knight that is about to get clapped.
Link Posted: 11/18/2023 1:48:10 PM EDT
[Last Edit: First-World-Problems] [#19]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By AR15Texan:
Why are you involved OP?  Is this "women" over 18 then let her handle her own business.  You sound like a white knight that is about to get clapped.
View Quote



I’m being purposely vague. The workplace involved has a lot of people that would come to sites like this. And I’m sure
rumors are already spreading fast.
Link Posted: 11/18/2023 1:50:36 PM EDT
[Last Edit: First-World-Problems] [#20]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Bubbles:

There isn't one.  Check to see if the DA/prosecutor's office has a victim advocate who can help your friend understand the legal process.
View Quote



I gotcha. I’m getting this a lot more figured out now. I have the name of the assistant district attorney assigned to it. I can email and bring in any evidence and documents.


And this is guilt beyond a reasonable doubt I assume. I have audio of someone saying he admitted some of the stuff and texts also.

Don’t prosecutors really go for wins? Or is that just on TV? We don’t care if he pleads to a lesser charge, just want something to stick. To make it loud and clear she’s zero tolerance for harassment. Work could have avoided all of this but refused to do anything.
Link Posted: 11/18/2023 1:56:41 PM EDT
[#21]
OP: "but it pays well so we are trying to knock some sense into the company."

  Advance warning to OP: You are not going to prevail in this endeavor.

Link Posted: 11/18/2023 4:04:09 PM EDT
[#22]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By First-World-Problems:
Don’t prosecutors really go for wins?
View Quote

Prosecutors like to have a high win rate when running for re-election.  A plea is a win.
Link Posted: 11/18/2023 4:29:20 PM EDT
[Last Edit: First-World-Problems] [#23]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Positronic:
OP: "but it pays well so we are trying to knock some sense into the company."

  Advance warning to OP: You are not going to prevail in this endeavor.

View Quote



Probably not, but from now on they are going to have to worry about getting slapped with a EEOC charge.

They have always paid way more than everyone else, so basically had total control over employees. but they are refusing to keep up with the times. The pay used to be around double what other places pay and It’s much closer now. The turnover is high and people are a lot less likely to deal with the shit when you can go somewhere else.

They must have just got the EEOC charge because it seems like they are in damage control mode now, because she said people are just now hearing rumors of people getting taken to the office for it. It was turned in weeks ago.
Link Posted: 11/18/2023 5:35:22 PM EDT
[#24]
If OP communicates with LE and lawyers and the courts as effectively as he did in this thread, there are a bunch of people shaking their heads, highly confused, hoping OP never comes back.
Link Posted: 11/18/2023 6:09:23 PM EDT
[Last Edit: First-World-Problems] [#25]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By FightingHellfish:
If OP communicates with LE and lawyers and the courts as effectively as he did in this thread, there are a bunch of people shaking their heads, highly confused, hoping OP never comes back.
View Quote


I’ve saved all the messages and combined them into pdf’s for each person involved. And have several recordings.

It’s unreal how HR sounds. The EEOC investigator was kinda surprised. Companies this size don’t really operate like this anymore. You wouldn’t believe it if I told you how demeaning and stupid sounding HR is being for reporting sexual harassment. It honestly sounds like a defense lawyer for the harasser. That’s why I don’t want to get into to many details. Lawyers will be involved soon.


There’s a lot of ex military, Leo, and hunter types at the place. I’d guess there’s probably 50-100 people that could have an account here.
Link Posted: 11/19/2023 12:26:23 AM EDT
[#26]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By First-World-Problems:


I’ve saved all the messages and combined them into pdf’s for each person involved. And have several recordings.

It’s unreal how HR sounds. The EEOC investigator was kinda surprised. Companies this size don’t really operate like this anymore. You wouldn’t believe it if I told you how demeaning and stupid sounding HR is being for reporting sexual harassment. It honestly sounds like a defense lawyer for the harasser. That’s why I don’t want to get into to many details. Lawyers will be involved soon.


There’s a lot of ex military, Leo, and hunter types at the place. I’d guess there’s probably 50-100 people that could have an account here.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By First-World-Problems:
Originally Posted By FightingHellfish:
If OP communicates with LE and lawyers and the courts as effectively as he did in this thread, there are a bunch of people shaking their heads, highly confused, hoping OP never comes back.


I’ve saved all the messages and combined them into pdf’s for each person involved. And have several recordings.

It’s unreal how HR sounds. The EEOC investigator was kinda surprised. Companies this size don’t really operate like this anymore. You wouldn’t believe it if I told you how demeaning and stupid sounding HR is being for reporting sexual harassment. It honestly sounds like a defense lawyer for the harasser. That’s why I don’t want to get into to many details. Lawyers will be involved soon.


There’s a lot of ex military, Leo, and hunter types at the place. I’d guess there’s probably 50-100 people that could have an account here.

Are you a chick because you sure like to spread drama like one.
Link Posted: 11/19/2023 9:11:13 AM EDT
[#27]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By AR15Texan:

Are you a chick because you sure like to spread drama like one.
View Quote


Pretty sure this isn't GD.
Link Posted: 11/19/2023 11:13:16 AM EDT
[#28]
One clarification is that you don't press any charges. You have no "Standing" as a victim. At most you might be a witness for what you directly observed the suspect do to the victim, but what "everyone knows" about the situation is defined as gossip, and won't be entertained by the cops, much less a prosecutor or the Court. Any "evidence" you can provide will be subject to detailed rules of procedure, evidence and relevance(what the suspect is alleged to have done to other people is simply inadmissible) and the whole bit about teaching the company a lesson about sexual harassment and making them somehow responsible sounds like a civil matter in which the police have no statutory authority(department policy may require them to write you a police report on literally anything, but it's not worth the paper it's printed on, it's merely a way to placate citizen complaints on officers), not a criminal one...and a vague one at that. If you can't get an ambulance chaser interested in picking the pocket of a large company you likely don't have much beyond workplace drama.
Link Posted: 11/19/2023 6:35:51 PM EDT
[Last Edit: First-World-Problems] [#29]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By feudist:
One clarification is that you don't press any charges. You have no "Standing" as a victim. At most you might be a witness for what you directly observed the suspect do to the victim, but what "everyone knows" about the situation is defined as gossip, and won't be entertained by the cops, much less a prosecutor or the Court. Any "evidence" you can provide will be subject to detailed rules of procedure, evidence and relevance(what the suspect is alleged to have done to other people is simply inadmissible) and the whole bit about teaching the company a lesson about sexual harassment and making them somehow responsible sounds like a civil matter in which the police have no statutory authority(department policy may require them to write you a police report on literally anything, but it's not worth the paper it's printed on, it's merely a way to placate citizen complaints on officers), not a criminal one...and a vague one at that. If you can't get an ambulance chaser interested in picking the pocket of a large company you likely don't have much beyond workplace drama.
View Quote


We already have two different employment lawyers that want to take it. It takes time to get an employment lawyer because so many people want to sue a company for trivial things. They have to weed out the crap. You have to email a form with some of the details, a few days to a week later you have to have a 15 minute consultation. That’s where you tell them everything. Then if that works out you send them all the files you have for a review and wait to hear back. And the files is where you see just how good the this case is. One lawyer said it’s not something that you can retire on but the company really screwed up bad, and he can help with a possible lawsuit and correcting anything that needs it in the EEOC charge. Everything you want to sue for has to be in the EEOC charge. That’s who issues a right to sue letter.

The charges are assault on a female, and stalking. When I say they literally do nothing about harassment I mean it. That’s why it’s gotten to the point where people do this kind of stuff.

There’s what I assume is a preliminary hearing in a couple weeks where she will testify. So this will be where they will see if there’s enough probable cause for a trial, and i would be almost positive there’s probable cause between the audio and texts. But she already has the assistant district attorney’s name assigned to it and she can go ahead and submit any evidence now.

We are going for criminal and civil. If work won’t do anything about it she’s ready to take it as far as possible. I heard HR tell her he admitted to several things but they blew it off, and one of the things had a clear and absolute sexual tone to it.

Link Posted: 11/19/2023 7:10:32 PM EDT
[#30]
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Originally Posted By Homesteader375:


Pretty sure this isn't GD.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Homesteader375:
Originally Posted By AR15Texan:

Are you a chick because you sure like to spread drama like one.


Pretty sure this isn't GD.

Exactly.
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