How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ely Your Own Question

Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 86573
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Type Your Criminal Law Question Here...
Ely is online now
A new question is answered every 9 seconds

My sister was put on jail for domestic violence when she is

Resolved Question:

My sister was put on jail for domestic violence when she is the victim what we could do?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Ely replied 4 years ago.
Hello,



My name is XXXXX XXXXX X am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Can you please tell me more about what happened? Also, does she have a criminal record? And is her partner willing to drop the complaint?





Customer: replied 4 years ago.

My sister had a case in the past for domestic but the case was dismise, and some animal cruelty but it was also dismise they didn't have any proof about that. So you could say that yes she had some arrest before. Now this time about two weeks ago everything started she was abuse by her mate the police came looking for my sister to take pictures of her to proceed with the charges of her mate but like a typicall victim she didn't press any charges on her mate giving her an opportunity, now last friday they had an argument which turn violence my sister mate was violent to my sister and to her own son there was a knife involve where my sister and child got hurt now my sister had to defend her self and punch her when the police arrive my sister was in the stair with a neighbor bleeding fearing for her life then the police took her to the hospital alone , the mate when with her child to the hospital then left the hospital without being discharge. the police took my sister to custody after the hospital when she was the victim of the domestic violence. At this moment my sister is siting in Jail for punching her mate and for being the victim. Her mate wants to tell the thruth but they say that we can't do nothing until court date, I have the entire phone conversation recorded. Do we really have to wait to court or what can we do at this point?

Expert:  Ely replied 4 years ago.
Unfortunately, the District Attorney will not just "drop" the case at this point. Once a charge relating to domestic violence is initiated, it is usually not dropped. Keep in mind, the DA is very well used to persons who file the report to backtracking and standing by the boyfriend's side, but the DA's job is to prosecute. Period.That doesn't mean that it is not possible to work it out. First, have the mate make an appointment with the DA and speak with him, explaining what happened and that it was all an overreaction. Sign an affidavit to that effect. Tell him that if on the stand, the mate will say what happened, but they will not be a "perfectly cooperative" witness for them.At the same time, initiate counseling between the mate and her (but do so only after telling the DA and letting them know that the mate is the one who is initiating contact, so it doesn’t look like the mate is breaking any temporary restraining orders). Let the DA know of this. The DA will see that it is not worth ruining people's lives over this, and might be agreeable to reducing the charges with the defense attorneyMeanwhile, the defense attorney should press the DA to either drop the charges, or to accept deferred adjudication (probation without a conviction), or another type of non-jail, non-conviction outcome. Deferred adjudication is a good option usually available for those who have little or no criminal record.Between speaking with the DA, initiating counseling, and the defense attorney's push to minimize/dismiss the charges, something should be worked out which is more or less in her favor.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.

I hope you found my answer helpful, and if so please click on the ACCEPT button for my answer. This is the only way for me to get credit for my work.

There is no fee for follow up questions should you wish to continue in this thread.

Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.

There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”













Customer: replied 4 years ago.
could i use the phone conversation at court, to use it as a defense for my sister, if her mate don't come foward with the declaration and the child to tell the truth of what happend. And last but not lease do I have to get witnesses from the building to tell what happen that day?
Customer: replied 4 years ago.
can I be able to talk to her attorney before court
Expert:  Ely replied 4 years ago.
Are you that mate?
Expert:  Ely replied 4 years ago.
Sorry, obviously not.

Edited by Eli on 7/2/2010 at 11:27 PM EST
Expert:  Ely replied 4 years ago.
You can talk to her attorney at any time, but it's up to the party who initiate the charges to drop them.
Customer: replied 4 years ago.
No Im the sister of the girl that is in jail ,I just want some answer and to see if my sister will need and attorney to defend her in this case. IIf the other person don't come foward at court and drop the charges can I use the tape as her deffense. I Just don't want my sister to be responsible for something she didn't do , she was the victim in this case
Expert:  Ely replied 4 years ago.
I know, I just amended my answer - please refresh.
Customer: replied 4 years ago.

Oh ok I just wondering if the other person don't come foward with the declaration and drop the charges can I use the conversation in her defense

Expert:  Ely replied 4 years ago.
What conversation?
Customer: replied 4 years ago.

I'm sorry I have a phone conversation with my sister mate saying what happen that night and that my sister didn't have anything to do with it my sister was only defending her self and the child when her mate stab both of them

Expert:  Ely replied 4 years ago.
Have her attorney bring that to the prosecutor's attention at the first setting. She'll generally get 3-4 resets where nothing but negotiation happens before she has to go to trial or take a plea.
Customer: replied 4 years ago.
Ok so on the 12 wich is my sister court day I will have her attorney listen to the phone conversation , also have some pictures from before when my sister is all bit up and didn,t press charges to her mate only a police report can I use that too
Expert:  Ely replied 4 years ago.
I would just present this to her attorney and let him/her take it from there. Just present the evidence.
Customer: replied 4 years ago.
thanks for your time
Expert:  Ely replied 4 years ago.
Sure thing.
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 86573
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 12 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.