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To: offduty

There does seem to be a witness.

If he corroborated a strike, now what?


112 posted on 12/28/2018 7:39:05 PM PST by eyedigress ((Old storm chaser from the west))
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To: eyedigress

In the hypothetical... the customer calls the police, wants to file charges and the other customer corroborates the “complainant’s” story.

Usually, a report is then taken and filed.

The complainant would have to see a prosecutor and a warrant/summons could be filed against the clerk.

At that point, there would be an initial appearance, the clerk could appear with private counsel or be appointed a public defender.

He would enter a plea.

In all likelihood a pre-trial would then be scheduled and the complainant, defendant, both prosecutor and defense counsel would meet to see if the case could be resolved without going to trial (plead to a lesser offense like a disorderly conduct).

If there are medical bills, they could be part of the plea agreement.

If there is no resolution at pre-trial, then a court date would be filed, subpoena’s issued to all parties (including the witness) and the defendant would have the option of either a court trial (judge) or a jury trial.

It would be highly unlikely the clerk would be arrested on the spot unless he started getting stupid with the responding crew or had outstanding warrants. Again, I don’t know Georgia law, but since this is probably a misdemeanor and the responding crew did not witness the assault, it would probably play out as I stated.


118 posted on 12/28/2018 7:59:13 PM PST by offduty
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