Criminal Law Questions? Ask a Criminal Lawyer.
thank you for those facts - can you tell me what your role is in this matter - are you the defendant?
thank you for that additional information.
if you are not guilty, then you need to say you are not guilty. if this is an argument that got out of hand and she was the aggressor, whose actions caused her injuries, than you need to explain what happened -
of course, i hope you are not going to represent yourself in this matter - you really need to consult with a local attorney - the MD judges are very jumpy with DV cases since there have been instances where they have been harshly chastised - i believe one Prince George County judge resigned in lieu of disbarment for not issuing a protective order - for not taking DV cases seriously.
of course, the state is going to have to depend on testimony from your wife and as she was granted marital privilege once, the law is she does not get it again in a DV matter in MD. and they can subpoena her as a witness and treat her as a "hostile witness, if necessary. so if you have an attorney, the attorney can help to explain what took place and maybe get the matter placed on an inactive docket - meaning if not more incidents then this matter goes away after a year.
i think i have answered all your questions; but do follow up, if need be
1. Thanks for your reply but if I get a lawyer, are there any points to focus on in order to prove my innocence to the judge?
you are correct that it is up to the state to prove beyond a reasonable doubt that you caused the injuries to your wife - so you will need to file for the public defender - contact that office first thing on Monday and make an appointment to see them to see if you qualify financially - mostly, the PD is reserved for the indigent - here is a link to that office
not all offices do intake so you might want to call call 1-877-430-5187 and see where you can go for intake - also, they might tell you that you need to wait for your first court appearance where you would plead not guilty and ask for the PD assistance
remember, it is not up to you to prove your innocence - just relay the facts as it happened. again, maybe this can be placed on an inactive docket.2. Should I file my divorce paper now or wait until the case is over on June 4th,09 to do so?
you can file for divorce now - these matters take time and therefore, will not hurt you. though there may be some benefit because you can explain to the judge you have filed because she is a terror and makes up things because she feels she can abuse the system3. My wife is my dependant,do I have any prerogative to ask or the Immigration to send her back to our native country to avoid further dramas and situations?
i am not familiar with immigration law - but you can certainly post such a question here in the Immigration Law department.
4. I am a student and ran out of many for the semester and can't afford a private lawyer. In case I don't get a Public Defender, what alternative to look for in this case?
it is possible you would qualify for the PD, as a student if you have no assets - for instance a home that you could get a second mortgage or line of credit on to pay a private attorney
I am sorry for not replying back to your message and Accept the payment for few days. I was away and need to do it today. However, I have a last question:
I have a Public Defender today and my interview with her is scheduled for May 22, 09. I am writing what happened so that she could have a clear idea about this case. I have pictures of the drain and how my car moved. However, I read and re-read the police report and wondered why I was sent to jail if they did not believe my wife's story. Is it because there was a probable cause? Here is the line I would like to have your opinion once more on. Please, help me on how to relate that line with my testimony and show my innocence:
"The victim was hiding in the bedroom and did not want to come out, she kept saying I ok. I made contact with the victim who was bloody due to a laceration above her right eye. The victim also had bruises on her left arm and the bruise on her right knee. The victim's story did not coincide with the bruises on her body. There were no dragged marks or gravel marks on the victim. The bruise on the victim's right arm looked like a bite mark. The victim was treated on the scene by Ambulance for injuries."
Also, I got an expungement for the first case the police report mentioned. I just told the police woman that the same woman sent me to prison before but she insinuated that this time I will not get away with it. Anyway, I would like to know what is the incidence of placing this case on an inactive docket and my "criminal record". Is an inactive docket like a "protective order" or a "probation" here!
Since we still live together with my wife, will it have any incidence on the outcome of this case? Will the state attorney consult with my wife before the trial date? hope to hear from you and click on the "Accept" button as soon as possible. Thanks and bless you in your endeavors.
thank you for your follow up information.
using the informaton from the police report you can indicate how the police witnessed injuries that were not consistent with her information on how the injuries occurred. therefore, she made the incident up merely to have you charged as she stated "you will not get away with it"
if you and your wife are still cohabiting then, yes, that would be to your benefit - because if she is so afraid of you why would she let you back into the home - an inactive docket is a probationary period as i explained previously - you will be told there are to be no more incidents -
yes, the SA will speak with your wife before any hearings, of course, to get her side of the story and see if it is consistent - the SA are very good as ascertaining anything that might be fabricated or does not jive with the facts as laid out in the police report, etc.
i think it is good you have the PD and you should really direct any other questions to them as they will be representing you and you should listen to their advice. i cannot give you legal advice - i can only provide guidance and interpretation of the laws, etc
Thanks for your advice and talk to you later. I clicked on Accept so that you could received your pay.
thank you and good luck with everything. let me know, if there is anything else.
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