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My original statement mixes up details I don't even recall as I was incoherent due to lack of sleep and upset over what had happened. It confuses the consensual sex with the Domestic Violence matter later that day. Also, when my husband was arrested I was at a neighbors' house and that's where he got arrested. I told the police I needed to go back to the house to check on my sleeping children and they took me back there to check on them. When we got there, the officer kept me from checking on them, saying he would do it and that is how he got his foot in the door to search. He also went through backpacks in the room which had nothing to do with anything related to the incident.
My husband has a State Defendor but hasn't been able to discuss the case very much with him.
Dear JACUSTOMER _ Writing a letter to the judge will do neither you nor your husband any good. A judge is not permitted to listen to or read any information on the evidence in a case prior to trial and would not dismiss any of the charges, I understand what you are saying and I understand the situation but the only way you can help your husband is if, in fact, this gets to the point where they actually want to try the charge of rape, Generally that type of charge in these situations are dropped in exchange for a plea to the lesser charges already existing. If for some reason the prosecutor decides not to drop the charge then you can testify on behalf of your husband at the trial,
All of the facts and what was said to the cop etc. are probably not going to matter in the long run since cases like this almost never come to trial, The typical situation is that his attorney will work out a reasonable deal with the prosecutor and your husband will plead to the reduced charges. I would suggest that you try to talk to his attorney at some point and make him or her aware of the situation and tell his attorney what you have told me. That's who needs to know the facts, not the judge or any other third party.
Yeah, I told the attorney. I just feel like the new information isn't being taken seriously enough. We can't afford a "real" attorney and my understanding is: State Defendors and Prosecutors are in on some cases. Kind of a scratch my back and I'll scratch yours...?? This made headlines and it would be a huge win for the prosecutor. What should I expect the Defendor to be doing for my husband? If it goes to trial, while I want the truth to be known, since I gave the original statement and the revised statement they could push for a false statement charge for me. It seems like I would be punished for trying to ensure the truth is given.
If writing the judge asking for charges to be dropped would be of no help, what about a presentencing letter?
If the case goes to trial am I better off sticking with my intention to invoke spousal privilege or testifying??
They could ask if my husband caused pain during intercourse which of course could be answered yes and they could ask if I was tied up during intercourse, the answer would be yes. And although it was consensual, I know this could be used against my husband...possibly regardless if I say it was consensual because of my original statement. Would spousal privlege be the best defense for my husband and protection for me to avoid an acussation of perjury?
Also, If a policeman took notes of what I told him while still at my house and I didn't testify, would his testimony be admissable? is it hearsay?
Yeah, I wish I had been able to think straight to begin with to avoid all this. So, even if I went to SANE/NUSANE (the rape center) can that be offered as evidence if I don't take the stand?
And despite the context of the letter and having signed it, that alone doesn't prove rape? and can they even use my statements to ANYONE if I don't take the stand?
And If I let them take pictures of the Domestic Violence (bruises) can those still be used if I'm not on the stand? Keep in mind, I'm not saying he didn't do it and despite how much I love him, I acknowledge what he did was wrong. Its just so I know what to expect.
Thank you for your patience, I appreciate your answers.