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Joined: Jun 2001
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Hard-core CEG'er
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OP
Hard-core CEG'er
Joined: Jun 2001
Posts: 1,541 |
nolle prosequi: Latin for "we shall no longer
prosecute." At trial, this is an entry made on the
record by a prosecutor in a criminal case stating that
he will no longer pursue the matter. An entry of nolle
prosequi may be made at any time after charges are
brought and before a verdict is returned or a plea
entered. (NOTE THIS ESPECIALLY-->) Essentially, it is
an admission on the part of the prosecution that some
aspect of its case against the defendant has fallen
apart.
The DA submitted a request to the Honorable Judge
Hodgson to "nolle prosequi" the pending criminal case
Commonwealth of Pennsylvania vs. Jason Fullerton.
The DA stated that the "victim" suffered from a
disease that made her emotionally unable to provide
testimony (what a crock), that the "victim" admitted
to stiking the defendant first and precipitating the
entire incident. The DA also firmly hopes that the
defendant receives anger management counselling. (I
can't believe I didn't roll my eyes at that one.)
Judge Hodgson accepted that request, and then asked
about court costs. I looked at my lawyer, and he told
the judge: "That's what got the last lawyer fired -
accepting court costs in the Protection Order, so we
are not amenable to any costs." The judge so ordered
the case dismissed, with the costs burdened by the
Commonwealth.
So, once this snow/ice/freezing hell clears up on
Wednesday or Thursday I get to take a trip down to 1
County Plaza, 5th Floor - County Detectives Office.
Specifically the detective that is responsible for
Private Criminal Complaints filed.
I get to accuse her, and she really is guilty of the
following:
- Simple Assault, Misd of the 2nd degree
- Unlawful Restraint, M-1
- Reckless Endangerment of Another Person, M-2
- False Reports to Law Enforcement, Falsely Accusing
Another, M-2
I already have a rough copy of the complaint typed up with
law citations and ready to go. I'll go over it again and
then go down and file it, and likely take an interview
with a detective. No problem, I'm telling the truth
and I am now protected by the Fifth Amendment to the
Constitution from any further prosecution from the
events of that day.
That's where she screwed up. If she had told some
reasonable semblance of the truth that day, we both
would have been in a slight bit of trouble OR the
penalties would have offset, so to speak. But since
she didn't, I can now testify to what happened without
any need for self protection, because the protection I
have is absolute.
I hope The Honorable Judge Hodgson gets her docket.
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Joined: May 2000
Posts: 21,197
I have no life
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I have no life
Joined: May 2000
Posts: 21,197 |
-'96 SE MTX 3L
-'98 SVT 1,173 of 6,535
-'05 Mazda 6s, loaded, g/f's ride
-Need a 96-00 manual on CD? PM or email me
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Joined: Sep 2002
Posts: 1,196
Hard-core CEG\'er
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Hard-core CEG\'er
Joined: Sep 2002
Posts: 1,196 |
did you get beatup by your girl or something?
2004 Evolution VIII cams-exhaust-tune
315whp 12.7@109
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Joined: Dec 2003
Posts: 1,384
Hard-core CEG\'er
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Hard-core CEG\'er
Joined: Dec 2003
Posts: 1,384 |
Yeah what he said ^^^
Need to further explain this, because this makes absolutely no sense...
99 Black Contour SE Sport
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Joined: May 2002
Posts: 3,667
Hard-core CEG'er
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Hard-core CEG'er
Joined: May 2002
Posts: 3,667 |
Originally posted by PA 3L SVT:
No problem, I'm telling the truth
and I am now protected by the Fifth Amendment to the
Constitution from any further prosecution from the
events of that day.
are you sure? i think the 5th amendment only protects you if you are acquitted... you were never acquitted of your charges, but they were dismissed... I would be careful.
Cliffs notes version- he got in a fight with his wife and she pressed charges.
My advice- just let it be. You're just going to make yourself look vindictive and immature if you turn around and file against her. She admitted in court that she was wrong and she initiated the fight, so leave it at that. That way, there's no further fight, she has no reason to change her story or sue you, and you're clean no matter what happens. Unless you're so consumed with rage that you would rather die a slow death at the hands of a prelude-driving ricer than see her get away, then just let it go.
Diesel owns you
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Joined: Jul 2002
Posts: 4,714
Scourge of the Master Debaters
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Scourge of the Master Debaters
Joined: Jul 2002
Posts: 4,714 |
Beer is my Gatorade.
Hooray Beer.
'98 "Sport" Pacific Green
'98 E0 SVT Silver Frost
Pictures
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Joined: Oct 2002
Posts: 1,660
Hard-core CEG\'er
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Hard-core CEG\'er
Joined: Oct 2002
Posts: 1,660 |
Originally posted by mbSVT:
Originally posted by PA 3L SVT:
No problem, I'm telling the truth
and I am now protected by the Fifth Amendment to the
Constitution from any further prosecution from the
events of that day.
are you sure? i think the 5th amendment only protects you if you are acquitted... you were never acquitted of your charges, but they were dismissed... I would be careful.
Cliffs notes version- he got in a fight with his wife and she pressed charges.
My advice- just let it be. You're just going to make yourself look vindictive and immature if you turn around and file against her. She admitted in court that she was wrong and she initiated the fight, so leave it at that. That way, there's no further fight, she has no reason to change her story or sue you, and you're clean no matter what happens. Unless you're so consumed with rage that you would rather die a slow death at the hands of a prelude-driving ricer than see her get away, then just let it go.
I'm an attorney (civil only) and I agree on the 5th Amendment issue. You don't have any immunity from prosecution. Let it go.
Scott
Troll! '99 BMW 328i
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Joined: Jun 2001
Posts: 1,541
Hard-core CEG'er
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OP
Hard-core CEG'er
Joined: Jun 2001
Posts: 1,541 |
Originally posted by Pigeon:
Originally posted by mbSVT:
Originally posted by PA 3L SVT:
No problem, I'm telling the truth
and I am now protected by the Fifth Amendment to the
Constitution from any further prosecution from the
events of that day.
are you sure? i think the 5th amendment only protects you if you are acquitted... you were never acquitted of your charges, but they were dismissed... I would be careful.
I'm an attorney (civil only) and I agree on the 5th Amendment issue. You don't have any immunity from prosecution. Let it go.
Scott
Don't take any offense to this, but you are both wrong. The nolle prosequi dismissal of the case holds the same weight as a trial acquittal. It is a FINAL outcome of the case (not hinging on a technicality that has any remedy available for the Commonwealth), with prejudice attached. Meaning that the government had their chance to apply criminal penalties for the fight, they used it, and it is now gone. I made sure I was especially clear on that afterwards with my lawyer.
Of course, if I did something else like returned to the apt. later and threatened to kill her if she called the police, that would be a later act and not protected. Doesn't matter since the next time I saw her was at my Preliminary Hearing a week later and I never comitted any criminal act in the first place.
And besides, getting falsely accused of a crime, arrested, spending the night in prison, getting thrown out of your apartment, and spending the next seven months out on bail REALLY sucks. Not to mention the damage to my reputation and the legal costs associated with this ($10k). She reaps what she sows. I waited this long to file charges exactly so it is not seen by the courts as unfounded retribution. Oh, and I knew the good old 5th Amendment was waiting here for me.
I'll post a link to the complaint once it gets filed. It really is interesting reading.
EDIT: Thanks for the link, hetfield.
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Joined: Jul 2002
Posts: 4,714
Scourge of the Master Debaters
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Scourge of the Master Debaters
Joined: Jul 2002
Posts: 4,714 |
Just be careful. I really hope I never have to experience a bad marriage.
Beer is my Gatorade.
Hooray Beer.
'98 "Sport" Pacific Green
'98 E0 SVT Silver Frost
Pictures
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Joined: May 2000
Posts: 21,197
I have no life
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I have no life
Joined: May 2000
Posts: 21,197 |
So I take it your marraige isn't working so well Jason. 
-'96 SE MTX 3L
-'98 SVT 1,173 of 6,535
-'05 Mazda 6s, loaded, g/f's ride
-Need a 96-00 manual on CD? PM or email me
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