Legal Question in Criminal Law in Iowa
I was charged with Harrasment 1 against an Ex girlfriend for text messages between me and her new boyfriend. When I was picked up at my home I was also charged with possetion of marijuana. The charges were arraigned in the beginning of January. Between that time and this morning the county attorney had been unable to reach my ex girlfriend after several months. My lawyer was given the trial information but never recieved a deposition from the witness because she was unable to be located. The charge of harasment was therefore dropped and I received a deferred sentence for a simple possesion misdeameanor which was SIGNED and handed to the judge. I left the court house and received a call from my lawyer several hours later stating that: My ex girlfriend knew the court reporter and had been notified by her that my case was being dropped. In turn she proceeded to arrive at the district attorney and claiming she had not received any calls or letters for my deferment and wanted the case to continue. The district attorney has now claimed to have yanked my original offer and said the best they could do was a deferrence to a serious harrasment misdameanor. And that if I was not willing to agree that they would refile these charges. My question is do you think it would be best to take the serious harassment deferrment or continue pursuing this? My case has already been pushed back a month because of a supposed trip to cancun mexico by the prosecution. Thanks any advice would greatly help..
1 Answer from Attorneys
Only you and your attorney can answer that question. It is impossible to know all of the pros and cons of any case without a full investigative analysis, at a minimum including conversations with you and the prosecutor, as well as a review of all documents and witness interviews. I think you should discuss the matter with your attorney.
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