A couple law questions about a felony case.?

Question

Heres what hes being charged with:one count of aggravated assualt on a police officer and one count of fleeing a law enf veh.The arraignment is friday,what will happen?

Can he be put back in jail at this time?Hes out on bail right now.

Can you plead not guilty for one charge but guilty for another?

He has no criminal background.Did not hurt ANYONE or ANYTHING.

Did not assualt a police officer.Cop said he tried to swerve and hit the police officer at the beg. of the chase when thats a bunch of balogne..the police do not have dash cams so they will not be able to prove him guilty on this.Defendent actually wishes that they did have a dash cam so he could be proved NOT guilty.Date set for the preliminary hearing but it did not go thru.. we checked into the court and they said he wasnt on the schedule for that day but the charges were filed and he was being indicted which is the arraignment on fri.Will his 8mon. preg girl help being there along w family? How long could this process take? Baby is due September 1st. Do you think he could get probation?

Answer 1

Swerving at/into a police officer IS aggravated assault on a police officer.  

Confused:  He "had no criminal background" .... but you are wondering if "he could go BACK to jail at this time?"

The charges are serious, conviction of either offense would be enough to put him in prison.  He has a family, so does the officer he allegedly swerved at, so do all of the officers that were involved in the chase.

No sympathy here!  An outside chance at probation, I certainly would not count on it.

Answer 2

If he is on bail and abiding by the terms of his bail, then it is very unlikely that your friend will be re-jailed.

It is possible to plea guilty to one charge and not guilty to another...usually the result of a plea bargain.

Dash cam evidence is irrelevant-the jury will have to weigh the testimony of the police officer and your friend. As I'm reading it, your friend decided to lead the PD on a chase, with the police saying that at the start of the chase your friend tried to run the PD down. The question will be why did he run?

Its possible that your friend didn't mean to run the cop down, but it appeared to the officer that he did. And as we all know perception is everything.

As for family turning up to the pre-lim. Will have no affect either way. The pre-lim is only a function to confirm that there was probable cause for the charges to be filed. Many (most?) experienced criminal defense attorneys will waive the pre lim unless there are serious holes in the DA's case. The DA's I work with will often take the sweethear deals off the table if they have to go thru a pre lim or motions hearing...

Probation is a possibility...but it will often depend on how much pressure the PD are willing to bring to bear on the DA.

Answer 3

Paisley, the internet is a crummy place to get legal advice or predictions for the future.

If your man has not yet hired a criminal attorney, make sure he has one other than the one provided for him. They're most often inexperienced.

Answer 4

hes gonna need a layer dosent matter if the police said he tried to shoot them theres no beating a cop trust im on pre trial right now and im being accused of a bunch of c**p but theres no beating a cops word. judges always take the polices word over the defendants. if hes out on bail h**l be out till sentenced. but no im sure h**l do time but county time is 10% right now and theyre having early releases.