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lwpat
lwpat, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 25384
Experience:  Practicing criminal defense attorney
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My husband and I live in South Dakota. Tuesday night he was

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My husband and I live in South Dakota. Tuesday night he was drinking and I had 2 beers. I am not a drinker so 2 beers is a lot for me. We ended up getting into an arguement and I pushed him, he pushed me. I had enough and left. My friend called the cops on him and he was arrested for domestic simple simple assualt. Now only he was arrested even though I pushed him too. I don't want to see him get put in jail. This would be his first offense. We both realize we need counseling to deal with our anger issues and stress.
Submitted: 4 years ago.
Category: Criminal Law
Expert:  lwpat replied 4 years ago.

Subscription customers. An ACCEPT is credited to me but you are not charged. Followup questions WILL be answered if my first answer is acceptable.

 

Unfortunately it is not up to you as to whether to drop the charges or not. You can talk to the prosecutor and explain that there was no real physical violence and ask that he be allowed to take pretrial intervention which is the same as a deferment. He will have to take anger management class do community service and pay a fine but then the charges will be dismissed. This is provided that they will not agree to drop the charges.

Customer: replied 4 years ago.

Will I need to call to find out who the prosecutor is since nobody has even contacted me except the investigator to ask if any bruises have appeared. They kept asking me if I was afraid for my life and I kept telling them no. His court date is this Wednesday.

 

If he does end up in jail we won't be able to finish our house and I will be told I have to move the camper off the property or find someplace to live until the house is completed. We are building the house ourselves since we do not have a lot of money right now.

Expert:  lwpat replied 4 years ago.
You can go in with him on Wednesday and talk to the prosecutor with him and see what can be worked out. Otherwise he needs to enter a plea of not guilty and retain an attorney.
Customer: replied 4 years ago.

I spoke with the prosecutor. They are offering disorderly conduct w/ suspended jail time and that he completes behavior program along with drug and alcohol evaluation.

 

I am wondering if that is a good offer and if you were his attorney would you recommend that he accepts this offer?

 

Otherwise the no contact order stays in effect, he won't be able to go hunting this year until this is resolved and this can drag out for months. They said that if he pleads not guilty and I found out he has two prior arrest for violence in his past that he was not convicted of that they would stick with the simple assualt and go for the felony charges.

Expert:  lwpat replied 4 years ago.
That sounds like a reasonable offer based solely on the information in your post. It would allow him to possess a firearm. They can't use his prior arrests at trial. You may want to consider also taking the anger management program so the two of you can work together on your issues or either separate if you cannot.
Customer: replied 4 years ago.

I am going to counseling now and going to request marriage along with anger management that the company I work with offers for free. He will have to attend a DAP program which I was told is 23 weeks.

 

I'm just trying to determine if they have enough to prosecute him for a simple assault and we should press on to remove all charges or take the offer today.

 

There has been no signed statements or pictures of the incident.

Expert:  lwpat replied 4 years ago.
That is not something that can be evaluated online. You will need a local attorney to make that call.

An accept for my time is always appreciated.
lwpat, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 25384
Experience: Practicing criminal defense attorney
lwpat and other Criminal Law Specialists are ready to help you

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