So several months ago my now ex girlfriend was drunk and beat the crap out of me. Broke my nose, fractured my cheek, multiple bruises. There were multiple witnesses, in fact when the police arrived she ran from them and hid since she is on felony probation for a prior DV charge. She was charged with felony dv, felony false imprisonment, felony criminal threats. violating a protective order (allowed peaceful contact). misd interfering with 911 call.
I was bleeding so bad there was blood everywhere at the scene which was documented. I never touched her, just tried to evade the blows and leave. 1 week from trial they dropped all charges and had her plead to misdemeanor violating a protective order, all other charges dropped in "the interest of justice." How is this justice to me?
You've addressed your question to the wrong audience. We're criminal defense attorneys. Contact the District Attorney's Office with your gripes. One man's "justice" is another's "injustice." Maybe they thought you had it coming to you, I don't know. Contact the DA and complain. I'd look for a new g/f too.
You do have rights pursuant to Marsy's law. Many of the rights are upon request. One right that isn't is your input in the probation report. Did the probation office contact you? Moreover, you have the right to restitution for the fractures and medical even though your insurance may have covered you. You could benefit from meeting with an attorney to discuss further. Even if you decide not to hire the attorney the consultation with him or her could help you to understand the issues and your options. Many reputable attorneys offer a free consultation. I wish you the best.
You should have been working with Victim's Assistance/Witness which is probably associated with the DA's Office. Complaints should be directed to the DA and his/her supervisor. Before complaining, you should speak to the DA. Perhaps the deal was that instead of a big plea/court trial on the new case they just used her felony probation to violate her and sentence her on the old felony case. Also, they likely reserved restitution so that you could come into court and get the court to order her to compensate you for your injuries. (Victim Assistance should also assist you with accessing restitution funds.) Before calling the DA read up and understand your victim's rights under Marsy's Law.
Otherwise, I agree that the facts you've presented do not support a misdemeanor plea, but there may be more to the situation than you realize.
