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Is the judge out of line here??

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Old Nov 29th, 2007, 02:31 PM     #1
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Default Is the judge out of line here??

I am a female and have been charged with partner family member assault due to a fight my drunk sister and I got into last year (I had been drinking too..). She actually started the fight, but got the worse of it because I bit her arm while she was on top of me pulling my hair...She's an inch taller and 15-20 lbs heavier.
She called the cops, I was arrested and thrown into jail overnight without any clothing and the officer did not read me any Miranda rights, said he had a bunch of witnesses (he did not) see me bite my sister. He arrested me when I refused to give a "recorded" statement as I had been asleep when he came to my place at 10 p.m. and was half-awake.
I have pled not guilty, yet I feel that the judge, police and county atty (of course) have already assumed that I am guilty. I am NOT, and feel that I could have been the one to have made the report...
I had my trial date set for Nov. 27th, arrived and was told that my trial had been moved to Jan. 8th because the co. atty. failed to subpoena my sister and one of the officers. He had plenty of time, yet the court and co. atty's office failed to inform me due to their own err. (By the way, I had to take time off work and drive two days over the ice and snow to make my court appearance, whilst the co. atty said an all-but-apologetic "sorry")
The judge, county atty and I spoke in the judge's chambers about the matter. The co. atty is claiming that my sister is his "key" witness, and that he had spoke to her and she had to work, so could not make it to the trial. The judge ordered the co. atty. to treat my sister as a "hostile" witness on the Jan. 8th trial date.
Isn't this up to the atty to request? I don't have legal representation, and don't want it. I think that I will demand a jury trial since this whole ordeal is really about everybody airing dirty laundry.
How do I get this dismissed? I don't think that my sister wants to go through with it, but I don't really know her anymore. Her personality has changed alot I think because she has become a serious alcoholic.
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Old Dec 1st, 2007, 10:31 AM     #2
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Default Re: Is the judge out of line here??

If your sister is not keen to testify it may be the county attorney will make some deal to resolve this--perhaps you take counseling courses etc.

You might give it a try.

It may be easier to have a lawyer negotiate that all for you.
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