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Criminal Lawyer
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Experience:  New York Attorney
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we were at my sons wedding reception everyone was drinking

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we were at my sons wedding reception everyone was drinking and we were leaving when my husband kept talking outside the car. so i got irritated and pulled him in by back of pants as he kinda fell in the car he hit his head . not even all the way in the car he pushed me back against the seat and was saying dammit that hurt when one of the those boys walking by thought he was hurting me and started yelling get off her ill kick your a--. well needless to say everyone being drunk next thing i know there are 10 guys including my husband fighting in field. cops show up my son the groom just got hit in face and was walking back in the garage when cops tell him freeze turn w hands up. as he did he began to say i was helping my dad and they tazard him. so they cuffed him and was taking to car. i was explaining to the officier what happened in a panic because he did nothing. so then they start questioning me on what my husband did i told them they kept asking did he hit or choke me his arm went across my neck pushing me back being drunk and more concerned w my son i told them well what ever u want to call it push hit choked just dont arrest my son.he asked if he choked me tell i couldnt breathe i laughed and said NO he was outta the car fighting w everyone but me im not pressing chares. so they let my son go and next thing i know my husband was arrested. go to court for bond and here he is charged w domestic violence and felony charge strangulation both hands around neck choking. talked to prosecutor she pretty much said twice she didnt have much of a case due to everyone being drunk.. pretty much what happened cop turned around what i to he hit and choked me but didnt loose breathe cause someone pulled him off. which i didnt say at all. do we have any chance of getting this dismissed
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Criminal Lawyer replied 1 year ago.

Good Day ,

I am a US Attorney and I'll be answering your question today

What charges have been filed?

Are there any witnesses ?

Bob

Customer: replied 1 year ago.

domestic violence and Felony choking /strangulation.


 


and yes alot of witnesses that were drinking there was one sober person and that was my mom in back seat


 

Expert:  Criminal Lawyer replied 1 year ago.

My advice is restricted to advice surrounding the general principles of law governing your issue and you should not act on this advice but seek further clarification from a specialist in your County.

If you aren't willing to give evidence against your husband for domestic/violence or assault this charge will be dropped. You will be a hostile witness so the cops won't go ahead with that one, even if some of the group gave evidence to say that your husband was choking/assaulting you, your indication to the police that you will not be giving evidence against your husband, should be enough for them to drop that.

Otherwise, he can be charged for public order,drunk in a public place offense, and perhaps affray. Affray is a more serious charge, my opinion is that they are limited to a public order charge, and if they have no witnesses, absent an admission, that can be dropped also. It seems there action rests with you. If they saw anything themselves, they can give evidence of what they saw.

Thank You for your question.

Please RATE my answer now either GOOD or EXCELLENT , so that I get credit for this answer and leave a BONUS if possible.

Customer: replied 1 year ago.

I told my side to prosecutor she read police report to me which said I told them he hit and choked me which I did not. I said he pushed me back his arm was on my neck. I was irritated w officer because more concerned w my sons well being he asked over and over did he hit or choke I said pushed back w arm so whatever it is u wanna call it Mind had been drinking and my son just got tazard that was my focus. The office the took what I said and wrote he hit and choked me so now state takes over I have no say. she already told me she would drop the felony charge if he would take the domestic violence charge. but we are not going to agree because domestic violence is horrible on ur record as well as he works in canada a lot and he would not be allowed with domestic on his record. do we have a chance of beating this if we take it to trial. there was no domestic violence so not going to agree to on plea of dropping felony but accepting dom violence charge

Expert:  Criminal Lawyer replied 1 year ago.

The State can't bring a successful action without you testimony.

The State is precluded in using evidence of what you said. It is called hearsay and inadmissible in a court.

Don't forget to rate this EXCELLENT SERVICE , This is an HONOR system, as i receive no salary or wages

Criminal Lawyer, Lawyer
Category: Criminal Law
Satisfied Customers: 450
Experience: New York Attorney
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Customer: replied 1 year ago.

so at the first hearing if im not pushing charges it will be done at that point. because they have no case


 

Customer: replied 1 year ago.

so at the first hearing if im not pushing charges it will be done at that point. because they have no case. i dont understand your answer

Customer: replied 1 year ago.

why didnt the prosecutor drop it after telling her my side and that i wasnt pressing any charges. is that due to her not being on my side cause if im the victim she would be prosecuting for me but i dont agree with charges so who then is she prosecuting for the state or ? i dont understand


 

Expert:  Criminal Lawyer replied 1 year ago.

Well sometimes the person changes her mind. If tomorrow your husband did the same thing again, you might reconsider pressing charges.

Thank You

Customer: replied 1 year ago.
What would a reasonable attorney charge for a case like this

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