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 Legal-Guru Your Own Question

Legal-Guru
Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1354
Experience:  Experienced Criminal Trial Attorney since 1998.
58645016
Type Your Criminal Law Question Here...
Legal-Guru is online now
A new question is answered every 9 seconds

My ex boyfriend, whom I lived with in South Dakota got drunk

Resolved Question:

My ex boyfriend, whom I lived with in South Dakota got drunk and broke my finger. he also took out a shotgun which I did not know he has and pointed it at me several times saying he was going to kill me while using vulger language. I ran out if the house and went to a hotel scared for my life. The cops showed up since someone called this in. I did go to a preliminary hearing. he was to be accused of domestic assault. now since I'm a states witness, they want to plea down to disorderly conduct. is this the right thing to do? very concerned!
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Legal-Guru replied 1 year ago.
Does the State's Attorney want to allow him to plea to the lesser charge of Disorderly Conduct?
Customer: replied 1 year ago.
yes, he states the charges are the same. And he will get the same outcome. I'm questioning that since he said he doesn't want to go to trial. although the states attorney said he could still win at trial. thats when he said assault and misorderly conduct are the same?
Expert:  Legal-Guru replied 1 year ago.
Ultimately, it is up to the state's attorney on whether to agree to a particular plea agreement, but as the victim you are entitled to your input which is often times heeded.

The charges of domestic assault & battery and disorderly conduct are not the same. He's probably saying the sentence or punishment range would be the same.

A conviction for domestic violence carries with it a federal ban on gun ownership and possession. Often times that is the incentive for people to want to plead guilty to a different charge.

It is up to you to decide what your position is on such a plea and communicate that to the state's attorney. The state's attorney then will make the final decision.

If someone pointed a shotgun at me, I don't know that I would favor reducing the charge, but I also do not know the strengths and weaknesses of the state's case. Often times domestic violence cases are "he said vs. she said" which makes them hard for the state to convince a jury beyond a reasonable doubt that their witness's version is the correct one.
Customer: replied 1 year ago.
they want to plead disorderly conduct.. So if I don't want him to buy a gun I should tell the states attorney?
Expert:  Legal-Guru replied 1 year ago.
Yes, you are entitled to express your wishes. Ultimately, it is up to the state's attorney to decide what the offer will be, but most prosecutors are reluctant to go against the victim's wishes.

I would suggest spending some time talking with them so they can explain all the possible outcomes and their evaluation of the likelihood of success if it goes to trial.
Customer: replied 1 year ago.
Thank you very much. I can't afford a lawyer and it is hard because this guy put a shotgun to my head for ten MIN while threatening me if I told anyone he would kill me. and he broke my finger and re fractured my toe. and now its not assault? I have no choice because I can't afford a lawyer and now after the states attorney wanted to press full charges he wants to go with this? I tried talking to him and it seemed like he was annoyed to have to find jurors for the case. now I'm supposed to be scared for ever? is their anyone who can help me??
Expert:  Legal-Guru replied 1 year ago.
I can only imagine how you feel, but you don't need an attorney. It's not you vs. him. It's the state vs. him.

You just need to make your wishes known to the state's attorney. It is ultimately up to them how to proceed, but most prosecutors are reluctant to ignore a victim's wishes so long as they are not unreasonable.

If you feel the prosecutor who has the case is not listening to you or is not doing his job, talk to his supervisor. You are entitled to have someone who will listen to you and consider your wishes deciding how to proceed.
Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1354
Experience: Experienced Criminal Trial Attorney since 1998.
Legal-Guru and 2 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.