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Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17170
Experience:  Licensed attorney with 28 yrs. exp. in criminal law
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My husband of 30 years and I had an argument he did hit me

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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?

Submitted: 1 year ago.
Category: Criminal Law
Expert:  Marsha411JD replied 1 year ago.

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.

Customer: replied 1 year ago.


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.


 

Expert:  Marsha411JD replied 1 year ago.
You're welcome and I am so sorry to read about your daughter and your situation at home. I understand the issues better now and thank you for that. But yes, if he does get an attorney now, there is a good chance that his attorney can resolve the case before his arraignment and therefore he could enter into a plea agreement at that time. If he waits until his arraignment then he would just enter a plea of not guilty at that time until he has a chance to meet with a court appointed attorney (if he qualifies). That would mean a continuance for a few weeks to a month or so.

These case though are usually resolved with a few months at most, but can be resolve sooner if his attorney can get a plea agreement in place.
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17170
Experience: Licensed attorney with 28 yrs. exp. in criminal law
Marsha411JD and 2 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

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.

Expert:  Marsha411JD replied 1 year ago.
You're welcome and best of luck to you.

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