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Tag: DANCO

It’s All Hearsay…or Is It?

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It’s All Hearsay! They don’t have anything. I often hear a client or potential client tell me that the police or prosecutor don’t have any evidence against them. “All they have is hearsay.” But what is hearsay really? Typical cases where hearsay is an issue are the ones where it is a “He said, she said” case such as domestic assault, assault, or criminal sexual conduct charges such as rape. Hearsay is not usually admissible as evidence at trial and lawyers can spend a lot of time arguing over what can and cannot come in as evidence. A simple question…

You Don’t Have to Touch Someone to Commit an Assault

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There are TWO DIFFERENT WAYS that the state or a police officer can CHARGE YOU WITH ASSAULT.  The FIRST way is conduct that most people would call assault – HITTING OR STRIKING SOMEONE and causing him or her harm.  The statute provides that a person is guilty of assault if that person “intentionally inflicts or attempts to inflict bodily harm upon another.” The SECOND way to be charged with assault involves less obvious conduct.  The statute provides that whoever “commits an act with intent to CAUSE FEAR in another of immediate bodily harm or death” is guilty of assault.  This…

No Contact Orders – They Can Contact You, You Can’t Contact Them

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This confuses many people.  A no contact order is a court order that orders you not to have contact with a certain person.  This person, however, can contact you as much as they choose. They can text, call, email, or Facebook message you every hour on the hour.  But, you CANNOT RESPOND.  If you respond at all, the person can report your violation to the police and this could result in CRIMINAL CHARGES. Depending on your history, it could result in a FELONY CHARGE. A response of “stop texting me”, “I love you”, or “I’m sorry” can result in criminal…