Criminal Law Questions? Ask a Criminal Lawyer.
My husband of 30 years and I had an argument he did hit me in the eye leaving me with a nasty black eye. My adult son did call the Dare County Sheriffs office and he was taken in and arrested. He has no previous record, and this was the first time something like this has happened. Not even traffic violations. He had been drinking that day and an argument got out of hand. I did not ask them to arrest him nor press these charges against him, the deputy did take a photo of my eye. His family posted his bond, and he is now in PA awaiting his next court date. He is not allowed near me or our home. Without him our income loss is placing a heavy burden on us. He is fearing that he may never be allowed to return home, what can I do to help him and what does he need to do? We cannot afford to hire an attorney. Please advise this happened within our home. It is normal for a secured bond of $5000.00? And does this secured bond go back to his family if he appears in court on his next scheduled date?
Hello,Thank you for the information and your question, and I am sorry to read about your situation. Once the police are called, and have evidence of a crime, in this case domestic violence, they must act. That includes arresting the alleged purpetrator and gathering evidence. Then it is up to the local State prosecutor if they will pursue the case. Since it is fairly clear what happened in this case, the prosecutor will go forward with the charge. It is important to understand that crimes are considered crimes "against the State" so that it is not necessary for an alleged victim to press charges or want to pursue the charges. That said, you can let the local prosecutor know that you are willing to work with your husband and would like him reintegrated in your home. Chances are,since he has no prior record of any type, he will be fined, put on probation and sent to maybe an anger management course. All that said, it is important that he have an attorney. If he qualifies, he can ask the court to appoint him a public defender who can represent him for free. He can do that at his first hearing, which is when he should plead not guilty until he speaks to an attorney. If there is any way at all that his family can help him with an attorney though, he wants to hire one ahead of time so that they can work out a plea agreement now with the State and get things moving toward getting you all back together. As long as he shows up for his hearing, then the bond will be released. Finally, I am not sure why he cannot still work, unless his employer let him go. He could still stay in your community and work and contribute to your support. That though is between you two. His not being in your house though should have no direct bearing on his earning capacity or contribution to the household expenses. But, if you are having financial issues, you might contact the local domestic violence organization to talk to them about options. Please let me know if you have any related follow up questions. I would be glad to assist you further if I can.
Thank you! The reason he cannot work is he was a stay at home grandfather for our grandson, since our daughter passed away. We have no other family in NC so he has to go back to PA, or live out of his truck. Now I have to burden the weigh of finding and paying for child care so I can continue working. So if he has an attorney at the time of the first hearing it could be settled then, and if not it becomes continued? Could this go on for months? If so we all could be homeless. Just an awful set of circumstances. Thank you again.
I have spoken to a local attorney today that says if I can get the retainer$650.00 to him on Friday he can go to the courthouse Monday to get a hearing put on the docket for Tuesday. At that time he is going to ask me to be present and plead for judge to lower the restraints against his bail to allow him back into our home to take care of our grandson.
I will leave if needed since I can stay in my office if needed until this becomes resolved.
He will then ask the court to drop the charges, since he has never been in trouble with the law before.
Thank you for your help.