Criminal Law Questions? Ask a Criminal Lawyer.
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QUESTION: "Any ideas?"
ANSWER: Yes. First of all, please allow me to say that I am genuinely sorry for this painful chapter in your family's life. Also, some of the following comments may sound rather discouraging, but I am speaking plainly rather than doing you the disservice of misleading you. I believe every word you related about your husband's mental issues. However, I do not think any of that will be particularly helpful at all in his defense. Here is how this works. Modern law imposes a rather high standard when it comes to trying to raise such an affirmative defense. Also, even if both of the complainants try to retract their reports, I do not see the case against your husband disappearing entirely. The botXXXXX XXXXXne is that the conduct you have described by your husband against your daughter is a very serious matter. At least potentially, she could have been left permanently damaged, so it is imperative that your husband be afforded effective representation and assistance of counsel. Toward that end, if for some reason your husband has not done so, his absolutely imperative number one priority is to speak with a local criminal defense attorney now. He could schedule a consultation right now for a very modest fee of $35: Virginia Lawyer Referral Service. That is the way to achieve the objective to which you alluded, namely working toward settling the matter. This would be done by his attorney approach the prosecutor to negotiate a plea bargain, the manner by which the majority of criminal cases are resolved.
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QUESTION: "What do you think?"
ANSWER: Again, this is just my professional opinion based upon some 15 years of licensure as an attorney. I would not expect to see an entire dismissal of the charges. Rather, I would expect to see a negotiated plea bargain. Hopefully, I will be proved wrong, but realistically this is my honest assessment. What I can say with absolute certainty, however, is that each day your husband allows to pass without seeking legal counsel lessens his chances of seeing a favorable outcome. Time is truly a factor here. Only he can act.
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