Legal Question in Criminal Law in Virginia

In October 2011, an ex-friend of mine pressed assault & battery charges (class 1) after an altercation at a house party. No one was seriously injured, but she continued to press the charges anyways. I pressed charges back, fully intending to drop the charges if she dropped hers. I never thought this situation would actually make it to court, but it did. I reside in Texas, so I hired an attorney and set travel arrangements for our hearing in January. After traveling back to VA, both of our cases were dismissed on the count of her not showing up at all. Her attorney was present but could not proceed without her being there. Though I am grateful for this outcome of dismissal, I am upset with her lack of responsibility to show up. I am also out of approximately $2000.00 to cover attorney fees and travel arrangements.

Is it worth the trouble of filing a a small claim to retrieve this money? She is is still a full time student and a dependent of her very wealthy father. I do understand that my actions in this situation are inexcusable and I am grateful for dismissal and the opportunity of expungement, but money down the drain for her lack of seriousness???

Asked on 1/12/12, 8:45 am

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
0 users found helpful
0 attorneys agreed

No, you might as well forget it as I see no reasonable prospect for your recovery

of any damages in civil court that you might have incurred

from this unfortunate incident under the circumstances described.

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1/12/12, 10:31 am

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