General Question

shortyma198633's avatar

If I press charges on someone do I need a lawyer?

Asked by shortyma198633 (44points) December 20th, 2011

I have recently pressed charges on someone who has been communicating threats towards me. The paper the magistrate gave me says The State of North Carolina vs. “the girls name”. So does this mean the DA will take care of this for me? Be on my side? or do I need to get a lawyer?

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10 Answers

john65pennington's avatar

You are correct. The DA will handle this for you in court. You do not need an attorney, only defendants need attornies.

Make sure you have all your facts written down, before court.

whitetigress's avatar

Just be stacked with evidence and try to think of how the defendant might counter your accusations.

shortyma198633's avatar

Ok thats what I thought I have all the evidence that I need I think…will they talk to me before the court date? or?

WestRiverrat's avatar

The DA represents the state, and indirectly you.

You do not need a lawyer. It might not hurt to have your own lawyer, especially if you decide to sue for civil damages at a later date.

lillycoyote's avatar

And the DA, the State presents the evidence, not you. You will testify though, I imagine.

marinelife's avatar

You should not need a lawyer. The DA is representing you as part of “the people”.

CWOTUS's avatar

Well, to be more precise than anything I’ve seen so far…

If you file criminal charges against a person for any of the various things that are statutory crimes: theft, fraud, assault, threatening, etc., then the District Attorney will evaluate the charges, mount an investigation if warranted, and if a case can be made the DA will make the state’s criminal case. In that sense the DA “represents you”. (Actually, the DA represents the state’s interest in maintaining law and order, and for that reason the DA may modify the charges – or drop them entirely if he wants the person’s cooperation in prosecuting “bigger fish” – make plea deals, etc. without consulting you, because he’s not “your” lawyer.)

If you file civil charges against someone for “wrongs done against you” which may not rise to the level of “criminal offense”, then you’ll want an attorney to make that case. Any decisions to be made as to charges filed, evidence (of yours) to be presented, and how or whether to prosecute the case or make a settlement agreement with the defendant will be discussed with you, because you are the one engaging the attorney’s services and he takes his orders from you. You don’t actually “need” an attorney here, either – unless you really want to win the case!

Schuyler88's avatar

Yes, someone from the DA’s office will contact you before the court date. He/she will want to review your facts and get the whole story straight with you. During testimony in court, a good lawyer will almost never ask a question he/she doesn’t already know the answer to, so they need to know everything you know first. And, don’t worry, they are on your side and just need to know the whole truth.

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