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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 23424
Experience:  9+ years defending Misdemeanor and Felony cases.
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i have been charged with domestic assualt and batt. on my girlfriend.

Customer Question

i have been charged with domestic assualt and batt. on my girlfriend. I have no criminal record, what should i expect to happen? I have no lawyer, i live in stafford, va
Submitted: 7 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 7 years ago.
If you can not afford a lawyer, you will be appointed one by the court. If your girlfriend is willing to cooperate with the prosecution of your case, then you could be facing a probationary sentence or even jail, depending on the facts of the case. Also, there will be a no contact order placed on you, so the relationship may have to end. On the other hand, if your girlfriend decides she does not want anything to do with the case and does not want this case to be prosecuted, the prosecutor may have a hard time bringing her into court and asking her to testify against you. Without her testimony, it will be very difficult for the State to prove the charges against you, beyond a reasonable doubt. The case will not be resolved at 1 court hearing, so it is likely you will have to go back a few times, before the case is resolved. On your first court date, either come to court with a private lawyer if you can afford to hire one or if not, ask to be appointed the services of the public defender.
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Customer: replied 7 years ago.
i know she isn't coming to court, and i make to much annually to get a appointed lawyer but if she isn't coming to court do i need to spend the money "that I don't have" for a lawyer? What would the lawyer do for me that I can't do if the prosecution can't make a case
Expert:  CrimDefense replied 7 years ago.

Your girlfriend needs to be aware, that they will attempt to serve her with a subpoena. If she is served, she will be required to show up and failing to do so, could result in her being held in contempt of court. However, if the process server or investigator in not able to serve her because they can not find her, then the State will have a problem. If they do find her, they may threatened her with prosecution, if she fails to show. The problem you may run into, is the Judge not allowing you to represent yourself. If you retain a lawyer, they should be able to appear in court on your behalf, so you don't have to. Moreover, they will be able to protect your interests, in case the State decides to go forward without the victim because there is evidence which they have, which they feel is strong enough to get a conviction on. There may be other witnesses or statements made, which is in the discovery, that needs to be obtained, to make sure the State does not have any case.

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