Pig Case in Court the 24th

Mark T · #1 08/15/06, 09:26 AM

The boys who killed my pig are going on trial on the 24th. I can't believe that they are going to fight the case since they confessed in front of the police officer.

I was sure they would make a plea deal.

Since they haven't, I have to take a day off work and head to the courthouse. Since I have never seen a trial before, I have no idea what to expect. I'm not sure if I will even be able to watch the trial since I probably will be called to the stand as a witness to their confession and payment of restitution. If anyone else has gone through the legal system after being a crime victim, I would be glad to know what to expect.

Siryet · #2 08/15/06, 11:13 AM

A long time ago I had cause to file charges and I went to court and I was told to sit outside the court room and then the prosecutor came out and said the case was over and the actor received probation.
My testimony wasn't asked for, nor necessary.
Maybe the same in the your case.

Good luck

Iddee · #3 08/15/06, 12:07 PM

If you are in NC, you can depend on his lawyer having it continued. Then you will lose a second day of work to appear at the next scheduled date, when it will be continued again. This will go on until you finally don't show up. At that time his lawyer will ask for a dismissal because you are not there. He will get it.

The only way you can prevent it is for your lawyer to offer the judge a bigger cut of his fee than the defendant's lawyer offers him.

Boleyz · #4 08/15/06, 12:15 PM

Expect to be surprised. You'll find that no one cares about your dead pig, only about the esteem of the poor kids.

Also, you might want to call the officer and make sure that he plans to show up, or at least be sure you have his deposition. Otherwise it will be your word against theirs. You'll lose, unless these boys have an established pattern through the courts.

If their Dad has "Pull", expect to be humiliated and then lose.

Better go in with photos, documented timeline of events, officer's statement, police report and a reasonable attitude and appearance.

Don't expect to go in, tell your side, point at them and say, "They Did It!"...you'll lose...

tinknal · #5 08/15/06, 05:51 PM

Juries are funny things. They sometimes convict the innocent, and aquitt the guilty. That said, if you are in farm country you will probably do ok, farm folk take a dim view of folks killing livestock. If you get a jury of suburbanites, I'd make the pig intio a pet, and tell them how much the kids miss 'ol Porkchop.

Dahc · #6 08/15/06, 05:54 PM

Quote:

Originally Posted by Mark T

The boys who killed my pig are going on trial on the 24th. I can't believe that they are going to fight the case since they confessed in front of the police officer.

I was sure they would make a plea deal.

Since they haven't, I have to take a day off work and head to the courthouse. Since I have never seen a trial before, I have no idea what to expect. I'm not sure if I will even be able to watch the trial since I probably will be called to the stand as a witness to their confession and payment of restitution. If anyone else has gone through the legal system after being a crime victim, I would be glad to know what to expect.

Witnesses get to watch the proceedings if they want to.

Beltane · #7 08/15/06, 06:46 PM

Oh dear. I hope everything works out in your best interest.

tamatik · #8 08/15/06, 06:55 PM

I went to court 17 times for the trial of the woman who assaulted my 5 yrold..She showed up about 6 times.Sometimes her excuse was"I overslept" I forgot..I was moving"..etc etc..I missed 17 days of work and she finally got a $200 fine..Which "we" all paid cause she was on welfare.If these things should ever happen..DEAL with them yourself..The worst that can happen is.."someone can see you DEAL and you go to court..Then its your turn to screw the system. my 2 cents..But do I sound bitter???
gord in BC

citilivin · #9 08/16/06, 12:05 AM

I agree with Boleyz, just be prepared. Have your backup documentation. Make sure it's first hand since the court will not allow "hearsay" testimony. Also, be prepared to be stonewalled.

Highground · #10 08/16/06, 08:50 AM

To hell with the courts!!!
An eye for an eye.

Revenge stops the evil ones.

Queen Bee · #11 08/16/06, 09:15 AM

Boy, are you in for a surprise!!! Hope you have vac. time and that you stand your ground. They are gonna try to 'wait you out'... NC court systems are a circus............................. with bad clowns and even worse ring leaders!!!

Windy in Kansas · #12 08/16/06, 05:36 PM

Make sure you take receipts attesting to the cost of the pig and any feed purchases that could also be claimed as well as vet bills, shots, etc.

I would also ask the judge if I could be compensated for loss of wages if that is the case. I don't think you can be, but it never hurts to ask. Be sure to have documents that show your daily income if you do so.

PineRidge · #13 08/16/06, 05:44 PM

Good luck!

whodunit · #14 08/16/06, 06:52 PM

Sounds like you got nothing more than a bunch of rants but no answer to your question.

Although courts vary, you will probably be asked to sit outside the courtroom until your turn to testify comes around. The reason for this is so that your testimony cannot be tainted. They want to hear what you remember, not what you hear others say.

I would respectfully ask the prosecutor to sit in the courtroom. Sometimes the defense has to specifically request that other witnesses be excuse and if he does not, you can stay.

Once inside you will likely be sworn in.

The prosecutor will likely start to ask you questions beginning with your name. be sure that you know your name

Listen to the questions and answer them honestly. Look at the jury as you answer your questions. Be calm and precise. I think juries react poorly to over-emotional people.

If the resulting veridict is not in your favor, you can always sue in civil court which has a much lower standard of proof.

There are horror stories, but in 16 years of police work I have never seen a case continued more than a few times. When the defense asks for a continuance, they will usually get one since a refusal could result in the case being overturned later on a technical issue.

I am kind of surprised that you need to appear at all unless you specifically have information on the case. Ask the prosecutor about this. Of course, you showing up shows that you are serious about seeing the thing through.

Hope this helps.

Mark T · #15 08/17/06, 10:36 AM

Thanks for the replies.

The boys already paid restitution for the pig.

http://homesteadingtoday.com/showthr...5&page=1&pp=30

I was willing to let it go if this would scare the boys straight, but, based on their previous criminal histories as juveniles, the state's attorney is looking for a felony conviction.

Bearfootfarm · #16 08/17/06, 11:01 AM

I was working at a gun shop when 2 boys came in and stole a handgun. They were caught and one decided to have a jury trial. I was called at work and told to come to court IMMEDIATELY. When I walked in, they defendant saw me and started whispering to his lawyer. They decided then to plead guilty. They were just hoping I wouldnt show up to testify. Good luck!