Criminal Law Questions? Ask a Criminal Lawyer.
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I am sorry to hear about your difficult situation.
Unfortunately, there is no easy solution to your situation and such situations are very common when it comes to domestic violence cases.
Basically, you cannot just get the charges "dropped" as it is up to the state to prosecute your fiancee and not up to you.
I know. this is not the first time he has been arrested, which makes it that much more difficult.
Also, if your fiancee has a long criminal history, the state will be very aggressive in pursuing this case against your fiancee.
he asked me to recant my statement and tell them I said it because I was mad
So, if you try to recant or change your statement to the police, you would put yourself in jeopardy of being arrested for filing a false police report, which is a serious crime.
Does that make sense?
that's what I thought, which is why I didn't want to do it. Also, they saw that my ear was red
You do not want to put yourself in jeopardy of being charged with a crime of filing a false police report, when you know it might not even help your fiancee anyways.
Unfortunately, I have seen similar situation hundred times in my practice and it is a difficult situation to be in, without really any ease solution.
Is there anything I can do to help him without jeopardizing myself? I would like to see him get into a program for alcoholics and get the help he needs to stop or at least reduce his drinking. He acknowledges that he has a problem with alcohol.
What you will be able to do as far as asking the court for treatment for your fiancee, is to make a victim impact statement and ask the court to order your fiancee to undergo alcohol addiction treatment as part of his sentence and the judges are very receptive to such requests.
Is your fiancee out on bail now?
No, I have not posted bail. I'm undecided as to if that would be in his best interest long-term.
So he is in jail now?
Is there a format that the victim impact statement should be in?
Yes, he's in jail, and his arraignment is next Thursday
You would simply be able to express your request prior to the sentencing.
The reason that I asked, is it would help your fiancee, once he gets out to show to the court that he is seeking treatment for his alcohol addiction by attending AA meetings and other alcohol treatment programs.
Do you have any related follow up questions?
I made such a request the last time this happened. I asked for the court to remove the no-contact order, and I asked for him to receive treatment. He was ordered to go to MRT (anger management), but he showed up with alcohol in his system and was removed from the program. Now he is facing charges related to not following court-ordered therapy.
I can search for a program that would benefit him, but I can't force him to follow through.
Well, your fiancee will need to address his alcohol addiction, or the court will make sure that he stays sober by placing him in prison.
I completely understand.
They told me that if I post his bail, he would be required to wear a monitor so he would not be able to drink. I considered posting bail on those conditions, but I'm not sure they will release him with the other charge pending.
He would not be released until the other charge is resolved
unless there is a bond set for the other charge and it is posted.
I think that charge is non-bondable
I plan to attend his arraignment and find out more
then, he will not be released until the case is resolve.
I am very sorry that you have to deal with this ordeal, but you do not deserve to be hit by anyone and I admire you for taking a stand and also by trying to help your fiancee at the same time.
I love the man, and the problem is alcohol. If he will address that issue correctly, we can be very happy.
You have given me an answer to give him related to his request for me to recant my statement, and a direction to go with the victim impact statement and finding him the help he needs.
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Thank you for your assistance.