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Legal-Guru
Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
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Experience:  Experienced Criminal Trial Attorney since 1998.
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The other night my boyfriend and I were driving and we got

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The other night my boyfriend and I were driving and we got in a argurment and things got out of hand and he started grabbing me, and he may of touched me, but i pulled over, and 2 girls in a car pulled over got our license plate and called the cops they followed us to our house and waited for the cops to come. My boyfriend went inside and i went and told the girls that everything was fine, and he was gone. But they would't listen and the cops still came they waited there for the cops. When the cops got there, they accused me of lying cause i said everything was fine, and i'm okay and it was just a argument. They got mean with me and said i was "f**king lying" and that they have two witnesses that say they saw him punching me in the head. I told them we just got in a argument cause I was mouthing off. They said where did it happen i told them where it happened at, and he then proceded to ask how many times he hit me i said he didn't hit me things happened so fast i dont' remember what was going on. He kept saying i could waste his time, and yelling at me and scaring me. He said now how many times did he hit you i didn't know if he hit me and i didn't know if how he hit me, cause he asked then did he hit with a closed fist or a hand i said i didn't know, all i remember is i was looking down and his foot was over my leg like we were changing seats, then the women got our license plate. I could see what he was writing and it said he hit me on the paper 1-3 times, and all this other stuff, i didn't actually say what they wanted me to say he was questioning me like no matter what i say he would say i was lying and he knows cause the witnesses told him but i was to scared to say anything else cause he kept yelling at me saying i was lying. But I told them i don't really remember what was going on in that moment and I had no bruises or anything they could see at the time. The other cop that was with him was talking to the witnesses. And needless to say they already knew who my boyfriend was from previous stuff none domestic though. So they knew who he was, but i told them he was gone. But they kept saying other things like bring up his drug history and stuff like that, telling me I probably didn't want them to go into the house and that they know what goes on there, and yes my boyfriend was a user but he doesn't sling dope as they asked me if he was still slinging and I told him that he doesn't which i know for a fact he doesn't and they told me are you that stupid or do you think were stupid. in the end they didn't arrest him cause i told them he was gone and they followed me out of the drive to watch me leave. I said i didn't want to press charges. But today we found out that they called and told him which it has been 2 days now that he has a warrant for domestic and need to turn himself in and he can bond out for $250 dollars, and we have a no contact order until Monday when he goes to court. So I don't want him to get in trouble for anything I know obviously the state picked it up, But isn't there something we can do, I mean what will happen now? And I don't want him to twist my words cause he was scaring me and was just going off what the witnesses said? and are they allowed to come there and bring up other things? and are they allowed to act like that? Basically I just want to know if there is anything we can do, and what happens if they try to get me in court, I don't want anything to do with it! Please I need an answer ASAP! He has to turn himself in soon, and neither of us have any where else to go, this is our home!
Submitted: 8 months ago.
Category: Criminal Law
Expert:  Legal-Guru replied 8 months ago.
Welcome to JustAnswer.

I understand this is a stressful time. You will just need to take it one step at a time.

First, your boyfriend will need a lawyer. He can hire one or apply for a public defender if he is indigent. If he makes bond and works or has any assets he probably will not qualify as indigent.

It is not up to you whether he is charged. I've heard the "state picked it up" a thousand times, but it is not accurate. It's always the state versus a criminal defendant. You could beg them to prosecute him or beg them not to prosecute him, but the decision is always with the state. It is their case not yours.

Having said that, you can certainly let the prosecutor know that you do not wish your boyfriend prosecuted, but because they have independent witnesses it may not matter. In all likelihood if this is his first domestic A&B he will be offered probation, fines, and domestic violence classes/counseling.

To answer your specific questions:

But isn't there something we can do, I mean what will happen now?

He needs to turn himself in and go to court as directed. I would contact a bondsman before court if possible. I don't know if the $250 is the bond amount and he can just put that much cash up or if the bond will be higher such as $2,500 and they are referring to the bondsman's fee (typically 10%-15% of the bond amount). I would clarify that before court if possible to avoid spending any time in jail.

If his initial appearance is Monday he will likely be asked if he pleads guilty or not guilty. It is usually a good idea to plead not guilty at your first court appearance so that you have time to talk to a lawyer. He should only plead guilty at his initial appearance if they offer him a plea agreement that he is in agreement with.

And I don't want him to twist my words cause he was scaring me and was just going off what the witnesses said?

If the case eventually goes to trial, you will testify and give your account. If it differs from what the officer remembers you saying, then they can impeach you through the officer's testimony. It will be up to the jury who to believe.

and are they allowed to come there and bring up other things?

and are they allowed to come there and bring up other things? and are they allowed to act like that?

Yes & yes. There is no law that says the police cannot ask questions. That's what they do. Swearing at you was unprofessional, but no more illegal than if you swore at me. You can testify to that if it goes to trial. It may affect how the jury views their credibility.

Basically I just want to know if there is anything we can do, and what happens if they try to get me in court, I don't want anything to do with it!

Your boyfriend needs to get an attorney unless he pleads guilty on Monday. You can call or write the prosecutor's office and let them know your wishes. Ultimately it is their decision on whether and how to proceed. After you explain your wishes, it is out of your hands.

If you are subpoenaed to court, you must go. If you do not, you could be arrested. Obviously, if you are called to testify you should tell the truth.

Two closing thoughts:

(1) If this is his first domestic A&B and maybe even if it's not his first, this is a misdemeanor crime. He's not going to prison and probably not even to jail assuming he can pay the bond. Probation and counseling is the most likely outcome.

(2) You should not let anyone you are in a relationship with hit you. Ever. For your own future safety, I would suggest that you start being more concerned about your own well being and less about his. Best of luck to you.

Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1275
Experience: Experienced Criminal Trial Attorney since 1998.
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