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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 12908
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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Hello! I need a quick answer, now. I had a fight with my

Customer Question

Hello!
I need a quick answer, now.
I had a fight with my husband, today and he hit me. I called 911; two police officers came and arrested him, even if I said I do not want him to be arrested, but warned to not threaten me anymore. They said that they must arrest him after the CA code, even if I said that I drop the charges. Now I need to take him out; he must go to work. He is the person who earn money in the house. I do not work. He needs to keep his work. I need to take him out, today!
Please, tell me, what can I do, today, to take him out! I do not know where they took him.
Thank you!
Diana
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Alex J. Esq. replied 1 year ago.

Alex Esquire :

Hello. My name is XXXXX XXXXX I will be glad to help you.

Alex Esquire :

Are you online with me?

Alex Esquire :

Welcome to JustAnswer.com

Alex Esquire :

I am sorry to hear about this unfortunate situation.

Alex Esquire :

Do you know what your husband has been charged with yet?

Customer:

I think it is called domestic violence. He was arrested, because I called 911 and I said to the police officers that he hit me once.

Alex Esquire :

This is a very serious situation.

Alex Esquire :

Your husband is likely has been taken to jail and it probably won't be until Monday before he will be brought before the judge and the judge will set bail for your husband's release.

Alex Esquire :

Does your husband have any prior criminal history?

Customer:

You scare me! No, he has nor prior criminal history.

Alex Esquire :

I do not mean to scare you, but I have to provide you with correct information about your very serious situation, as your husband has been charged with a serious crime of domestic violence, which can be either a misdemeanor or a felony, depending on the facts and extent of your injury.

Alex Esquire :

Please let me know if you want me to continue to provide you with a general answer to your question?

Customer:

Yes, please! I want him out, today and not charged. what I have to do?

Alex Esquire :

There is nothing that you can do.

Alex Esquire :

It is not up to you whether your husband is charged and prosecuted for the domestic violence.

Alex Esquire :

It is up to the state prosecutor and unfortunately they can also force you to cooperate with them, based on your report to the police.

Alex Esquire :

Unfortunately, crimes of domestic violence are treated very seriously and it is also likely that the judge will issue a stay away order for your husband while the DV case is pending in court and your husband will have to stay away from you.

Alex Esquire :

Does this make sense?

Alex Esquire :

Do you have any related follow up questions for me?

Customer:

I need another solution; I want him out and not charged.

Alex Esquire :

I think you might not be understanding this seriousness of this situation.

Alex Esquire :

It is not up to you.

Alex Esquire :

Under California law, your husband is already arrested and the district attorney will make a decision whether to prosecute your husband.

Alex Esquire :

There is no other solution, unfortunately.

Alex Esquire :

The domestic violence is an extremely serious crime and the state prosecutors have been very aggressive when it come to prosecution of domestic abusers, as a matter of public policy.

Alex Esquire :

Once you make a report of domestic abuse to the police, you cannot simply "take it" back and you might be subpoenaed to testify against your husband in your husband's upcoming criminal trial.

Alex Esquire :

Does this make sense?

Alex Esquire :

So "dropping charged" is simply not an option.

Alex Esquire :

Unfortunately, even if your husband has been charged with a misdemeanor domestic violence, he can be subject of a jail sentence of up to 1 year upon conviction, plus fines, court costs and probation.

Customer:

What is the best option?

Alex Esquire :

Also, if your husband is not a US citizen, a conviction of domestic violence can result in his deportation proceedings.

Alex Esquire :

The only option at this point is for your husband to contact and retain a local criminal defense attorney, there is really not much that you can do for him.

Alex Esquire :

Unfortunately, the court will likely issue a no contact order for your husband, so it would be illegal for your husband to even communicate with you or come within 300 feet near you.

Alex Esquire :

Do you have any related follow up questions for me?

Customer:

Oh, my good! Tell me something that could be done!

Customer:

My God

Alex Esquire :

I already told you all the correct information about similar situation.

Customer:

Tell me a solution!

Customer:

What can I do?

Alex Esquire :

Also, if your husband is convicted of a Domestic Violence crime, he will permanently loss his firearms rights.

Alex Esquire :

I already told you, that there is no easy solution here.

Alex Esquire :

Please try to accept reality.

Customer:

If you were me, What will you do?

Alex Esquire :

Also I would encourage you to consult with a local criminal defense attorney and this local attorney would confirm what I told you.

Customer:

OK! thanks!

Alex Esquire :

There is not much that you can do at this point unfortunately.

Alex Esquire :

Personally, I would have make sure that if I had an abusive spouse, that the spouse would get help and counseling.

Alex Esquire :

Domestic violence always escalates, if not properly addressed.

Alex Esquire :

Did you suffer any visible injury from this assault?

Alex Esquire :

??

Alex Esquire :

I wish you the best of luck.

Please click on the "Excellent Service" feedback, so I can receive credit for my answer.

Bonus and positive feedback are always appreciated, but are not required.

Alex Esquire :

Do you have any related follow up questions for me?

Alex Esquire :

I wish you the best of luck.

Please click on the "Excellent Service" feedback, so I can receive credit for my answer.

Bonus and positive feedback are always appreciated, but are not required.

Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 12908
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Alex J. Esq. and 2 other Criminal Law Specialists are ready to help you
Expert:  Alex J. Esq. replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

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If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.
Expert:  Alex J. Esq. replied 1 year ago.
I wish you the best of luck.

Please click on the "Excellent Service" feedback, so I can receive credit for my answer.

Bonus and positive feedback are always appreciated, but are not required.
Customer: replied 1 year ago.

do not find where to click on the feedback for your answer. Yesterday I haven`t seen your last posts and I forgot about feedback. Today , I saw that you were not credited. I want to give my feedback, but don`t find the button for feedback. I wish to ask you one more question, may I?

Expert:  Alex J. Esq. replied 1 year ago.
Hello. Alex is here. Good to hear back from you.

What is your new question for me?

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