Legal Question in Criminal Law in Virginia
arrested on felony which should of been civil case
we have a easement across our neibors property. we hired a company to build a bridge across the creek at the entrance of the easement at the road.She went to the court house and had us arrested on a felony for destroying her bridge. should of been a civil case ,and the judge did dismissed it after we finally got into court ,after almost a year of her not showing up in court. knowing we hired someone to built a bridge ,which is improving our easemen ,why did the prosecuting attorney let this go to criminal court. we had 3 court dates before we finally got in front of the judge.each court date before our lawyer would not let us go see the judge, he would say go home. finally the last time i told him we were going to see the judge when he called our name ,which we did and he dismissed the charges.there is something strange that hapened here ,now we find out a month ago our lawyer didn't get a final judgement against her in our counter suit and now shes giving us trouble again. i called the lawyer we had before and he told me he threw all our files away from our case before.where can we go to get someone to look into this case. she also filed same felony in another county at the same time. we did not received any $ for any of this
1 Answer from Attorneys
Re: arrested on felony which should of been civil case
Yes, if all that you claim is true, there would appear to be oddities of sorts in the way your case was handled, particularly by your attorney who you claim says he threw all of your files away. (Lawyers are required to retain records for a number of years even after cases are over with.)
You apparently would be well advised
to call or visit the courthouse where the civil matter was supposedly handled by your last attorney and request to have copied all of the papers in the file concerning your countersuit(which you may discover never happened at all).
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