Criminal Law Questions? Ask a Criminal Lawyer.
Dear Customer, I would like to assist you today.
I am very sorry to hear about your situation. Unfortunately, the way in which the prosecution system is currently set up for domestic violence charges and sentencing, the victim does not have any control over the actual prosecution of the crime. You can testify truthfully and fully, and cooperate with your boyfriends attorney as appropriate, but unfortunately there is very little you can do.
will a letter from me help?
The most helpful place for victims of domestic violence is the battered women's shelter or victim's assistance units. These places can assist you in both dealing with the injuries (however minor) that you have received, and in understanding what you can do during the prosecution of your boyfriend, and how to work through the emotions afterwards. These places (and people) are very helpful, non-judgmental, and have no affiliation with the prosecution.
is he better off w/ a private attorney vs a public defender? what are the chances of a dismissal or plea bargain?
i've done all that already as it happened in july and now he's faced w/ these charges
Generally, a public defender is a very good attorney (but they have very heavy case loads); a private attorney costs a significant amount more money, but has more time to devote to the case. Most cases end in a plea bargain.
have u seen domestic violence cases w/ these 3 felony charges in which most cases that end in plea bargain resulting in no jail time??
No, I have not, but that does not necessarily mean that this is what will happen in your case. I do not like to speculate on the facts of his case without the necessary specifics. the fact that you were injured to the point of being transported, and the police department was called generally means that the perpetrator will be incarcerated for at least some period of time for their actions.
well, i only went to the hospital on my own accord just to make sure (i was not transported there) but i guess when you go they have no choice but to report it. they convinced to get a tpo but i never really pursued w/ a permanent one
Again, I do not want to speculate on your case, I have no details, you would be far better off having your boyfriend speak with his attorney as he would have all of the necessary facts/information/judicial assignments etc. that would affect a full legal opinion.
does that make a difference? i am worried that the public defender won't do much or fight harder due workload...
it just doesn't feel comforting to go w/ a public defender :(
If your boyfriend has the resources to hire a private defense attorney, he can certainly do so. He would get the benefit of an attorney that will spend significantly more time on his case, however, he will spend a significant amount of money on attorney's fees that he may not have. In the end, only he can decide who he wants to represent him.
unfortunately he doesn't have the resources so i'm hoping to find one willing to accept an affordable payment plan that i am willing to do for him
You can check with your local county bar association website, but most criminal law attorneys expect to get their fee upfront. (there are of course others that may be willing to accept a fee structure).
it sounds discouraging.....i am by no means excusing what transpired but am responsible for making it worse than it actually was and it would be an injustice for them to pursue a prosecution when none is really warranted.
I do not believe that you can take any blame in this matter, you are the victim of physical violence, he struck you, and there are consequences for that. The scope of the consequences will be determined by the court as deemed appropriate by the legislature, but it is certainly not your fault.
i am not saying i am taking the blame but saying that i said things out of anger and blew them out of proportio
hence the added charges...threat to kill and kidnapping....
I would refer you back to my earlier statement, you need to testify truthfully if asked, cooperate with the attorneys, as appropriate, and if the charges and facts are really extreme, you may want to retain your own attorney to assist you in clearing up anything that you think were misrepresented during these emotional times.
i wasn't aware that i could retain, if so can he/she be present at the prelimary hearing?
You can retain your own attorney, they can give you information and advice as to what you may have to say, they can give you information and advice in confidence, and if there is anything that you said that you no longer believe is the truth, they can assist you with dealing with that.
Look for a victim's rights attorney. Also someone that you could find through the local bar association.
(I understand your position regarding the instigation vs. exageration of the events, but a victim's rights attorney would best assist you in any event)
a victim's rights attorney, and what's the difference in finding someone thru the local bar?
I am sorry, I meant that you could use the local bar association's directory to find a victim's rights attorney.
ok thank you.
There may also be other victim's advocacy groups, but generally the bar association is the most comprehensive.
i just did a general search and it seems they usually prefer the victim to prosecute not the other way around
If you believe you need to speak with someone to discuss the legal matters related to the case, specifically what you have said, done, or want to say in court, you may retain an attorney (you can always hire an attorney if they are willing to work for you).
I hope that the information I provided was helpful, if there is anything else I can help you with (or if I missed or overlooked anything) please let me know and I will follow up. If I did answer your question, please do not forget to rate my response so that I can receive credit for it.
Yes, thank you for your time!
You are very welcome, I wish you the best with your difficult situation.