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Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
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Experience:  Licensed attorney with 28 yrs. exp. in criminal law
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A close friend of mine has a husband that was charged with

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A close friend of mine has a husband that was charged with a 3rd degree misdemeanor for assaulting her in a public restaurant/bar...He was arrested and paid a $5,000 bond. His charge in Missouri was...A RSMO.565.074.

My friend's husband demanded that she go to court in front of a judge for his release from jail and tell the judge that it was her fault and that he did nothing. She did this out of fear, said that he did nothing and that it was all her fault. The police did interview her immediately after the incident and took her statement against him which led to his arrest.

His (the husband's) attorney has told my friend not to respond to an order for her to go to court...The case has been rescheduled for 8/08 from it's original date of 7/18...She is petrified of her husband and is afraid to tell the truth. Her husband said if you don't go to court, my attorney gets me off.

What should she do?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for the information and your question. I can't give her, or you, legal advice since I do not have all of the facts, including the evidence in the possession of the State and because we cannot form an attorney-client relationship. But I can tell you what the consequence would be if she does not appear in court after being subpoenaed. That would be that she would be charged with contempt of court and likely arrested and forced to appear at some point. In addition, as you might guess, not only might her husband's charges be dismissed, although that really depends on what other evidence there is against him, but he is likely to do this again. I have prosecuted domestic violence cases for years and also assisted battered women and I can tell you that this situation will not get better if she does not follow through with this and make sure he is held accountable for his actions.

I can also tell you that if her husband's attorney really told her not to show up to court, that he or she has broken the law (witness tampering and witness intimidation) as well as violated their State Bar ethics rules. So, your friend should seriously consider going to the prosecutor who has her case and telling them what is going on. Not only may the attorney for her husband be removed or sanctioned but, as I mentioned, the attorney and her husband could be charged with those additional charges. If she needs protection, then she should, if there isn't already one, ask for a protective order and consider going to a women's shelter.

I can't emphasis enough that if she gives in to this intimidation, she will be the one to pay, not her husband.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17270
Experience: Licensed attorney with 28 yrs. exp. in criminal law
Marsha411JD and 6 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you very much for your wise advice. I understand your answer, and actually have told her the same (but not as eloquently). She is afraid of him but then says he is wonderful most of the time. I will talk with her based upon your advice.


 


Thank so very much!


 


Jim

Expert:  Marsha411JD replied 1 year ago.
You're very welcome and best of luck to you and your friend. She is lucky to have a supportive friend like you.

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