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rvlaw
rvlaw, Lawyer
Category: Criminal Law
Satisfied Customers: 8386
Experience:  Former Assistant District Attorney - NYC; Criminal Defense Experience for 30+ years
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we were at my sons wedding reception everyone was drinking

Customer Question

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 . 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 was the cop turned around what i told him. He said i said he hit and choked me but i 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:  rvlaw replied 1 year ago.

Hi and welcome

Absolutely. This was a gross misunderstanding where many people got involved when they shouldn't have based on faulty assumptions as to what was happening. You'll find that in a case like this if you ask 10 people what happened, you'll get 15 different stories. The judge isn't going to try to make sense of it all. Get a lawyer to make sure it's dismissed.

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rich

rvlaw, Lawyer
Category: Criminal Law
Satisfied Customers: 8386
Experience: Former Assistant District Attorney - NYC; Criminal Defense Experience for 30+ years
rvlaw and 3 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

continuing from last question; My husband was arrested on domestic violence, and felony strangulation. They have no case. Talked to prosecutor she offered to drop felony if he plead on domestic violence. We /he said no one way. So the next week got letter from prosecutor with Order to Dismiss the felony charge and the No Contact Order Dismissed. But she is going on with other charge of Domestic Violence. So why would she dismiss the No Contact Order if she is still charging with domestic viol. If she fills she can dismiss the no contact order then she must not be worried that he is violent .

Expert:  S. Huband, Esq. replied 1 year ago.
Hello! It looks like another expert was assisting you earlier this week/several days ago, but you might have an additional question. You can follow up with your previous expert, RVLAW, by sending him a message. Click here to contact RVLAW.

However, if you'd like, I'll try to assist you instead. Please let me know. And good luck with your case!

Shuband

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