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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 12750
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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My daughter was in an physical agrument with her father. She

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My daughter was in an physical agrument with her father. She left a mark on his face. Her boyfriend thought the father was harming her, but instead she left the mark. The boyfriend called 911. The officer came and saw the mark. She was arrested. She was charged with Family Violence/Battery. She is 19 years old, working at a supermarket, in college for Registered Nurse. What can be done for this charge not affect her college ambition and future jobs? She has not been to court yet. She was in gymnastics for 13 years. Got up to level 8. She was a cheerleader in school. She kept great grades in school. She has never ever struck out to anyone. She has no record. Has never been a problem child.
Can this charge be reduced to something less harming or is it possible it can disappear with the correct help?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Alex J. Esq. replied 1 year ago.

Alex Esquire :

Hello. My name is XXXXX XXXXX X will be glad to help you.

Alex Esquire :

Are you online with me?

Alex Esquire :

Are you online with me?


Alex Esquire :

Welcome to JustAnswer.com

Alex Esquire :

Does you daughter live in the same household with her father?

Customer: Yes she does
Alex Esquire :

Can you please tell me if the father wants to pursue criminal charges? What is the father's position?

Alex Esquire :

Were there any witnesses to this altercation?

Customer: Her daddy did not pursue charges and will not. He does want any of this to happen to her. There were no witnesses.
Alex Esquire :

Thank you for your follow up.

Alex Esquire :

Did your daughter consult and retain local criminal defense attorney?

Alex Esquire :

Was your daughter arraigned and did she plead not guilty?

Alex Esquire :

Was there bail/bond that your daughter had to pay to get release from jail?

Alex Esquire :

Please stay in chat with me, so we can avoid delays

Customer:

No lawyer yet. She has not been arraigned yet. Property bond.

Alex Esquire :

What was the bond amount?

Alex Esquire :

What injuries did the father sustain?

Customer:

$1200.00

Alex Esquire :

Thank you for all the follow up.

Alex Esquire :

Okay. Here is what I would suggest that you do.

Alex Esquire :

I would suggest that you contact an experienced and established local criminal law attorney and this attorney can represent your daughter in this criminal case and will be able to approach the DA/prosecutor and to let prosecutor know that the father does not want to pursue criminal charges or would not want to testify against the daughter and it was simply an argument that might have gone out of control, but neither daughter or the father had any intention to harm each other.

Alex Esquire :

In most cases, if the victim doesn't want to pursue charges and also there is no serious bodily injury that the victim sustained, the prosecutor would be willing to drop charges.

Alex Esquire :

Does that make sense?

Alex Esquire :

Also, given the fact that your daughter i only 19 and never had been in any criminal trouble before and is a college student, would favorably play into the case.

Customer:

yes, but the mark was a black eye. she punched him. he never pursued charges. when the officer came, he told the officer that.

Alex Esquire :

Did the father tell the officer that the daughter punched him in the eye and that is how he got the black eye?

Customer:

also, the officer said that the father had no control over the dropping charges, although he did not pursue. The officer said the state immediately took over the situation when they picked her up.

Customer:

no, he asked her and she admitted on site.

Alex Esquire :

Was your daughter under arrest when she admitted punching the father?

Alex Esquire :

Also, the officer is correct that it is up to the state whether to pursue criminal charges, however the prosecutor will consider victim's input as well, and other mitigating factors

Customer:

no, she admitted it when he asked, then he told her to get up and then he put the handcuffs on her and lead her out to the car.

Customer:

she was in her bedroom and the officer went there and asked her. She said yes she hit him. Then he told her to get up and put the cuffs on her and lead her out. Her father was in the living room.

Alex Esquire :

Thank you for your follow up.

Alex Esquire :

While an admission will be a factor in the case, an experienced criminal attorney can still argue that this was a misunderstanding.

Customer:

I seriously hope it works out like that. Anything else I need to know? He did not read her the Miranda rights when he cuffed her. Does that mean anything?

Alex Esquire :

No. Miranda rights only had to be read if the police was to question your daughter, not if they just arrested her.

Alex Esquire :

I would suggest for your daughter to also start gathering letter regarding her good character from influential members of the community, such as clergy, college professors, etc...

Alex Esquire :

So her attorney can also demonstrate to the prosecutor that she is of good moral character and an upstanding citizen.

Alex Esquire :

Does that make sense?

Customer:

Yes, very much. I'm sorry, all of this is new to me. Thanks for all your help.

Alex Esquire :

Please try not to worry, but instead help and see that your daughter retains an experienced local criminal law attorney who practiced regularly before the court where her case is pending and who has at least 10 years of experience.

Alex Esquire :

Do you have such attorney in mind?

Customer:

Yes, George McCranie. He is very good I hear. He is known nation wide.

Alex Esquire :

Great. I am sure your daughter's case will be in good hands with this attorney.

Alex Esquire :

I wish you and your daughter all the best and please click on the "excellent service" rating, so I can receive credit for my answer. Bonus and positive feedback is always appreciated, but is not required.

Customer:

Thank you for all your help. You have been great.

Customer:

You have been excellent and I will click on that.

Alex Esquire :

Thank you and GOD bless you and your daughter!

Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 12750
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Alex J. Esq. and 8 other Criminal Law Specialists are ready to help you

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