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Brandon M.
Brandon M., Counselor at Law
Category: Criminal Law
Satisfied Customers: 12235
Experience:  Attorney
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Hi BrandonI wrestled with my GF in a pool which got rough

Customer Question

Hi Brandon
I wrestled with my GF in a pool which got rough due to we were drinking. to outsiders it looked like I was drowning her while we both were under water etc. She didn't call it in, someone else did and claim to have 2 witness to the case. I got arrested. My GF is from Mexico and only visiting here, she also will sign the vaiwer to prosecute. What usually happens in cases like this as she clearly says she is not the victim.
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Brandon M. replied 11 months ago.
Hello there:

Thank you for your question. The nuances of every situation are different, so two cases that are exactly the same factually could have entirely different results due to something as simple as a witness' ability to effectively articulate what he saw. There is no usual outcome simply because every case is different. I understand wanting to know what will happen, but the question shouldn't be what will happen--instead, the question should be what can be done to get the optimal outcome possible.

When suspected of committing a crime, the suspect and any cooperating witnesses should immediately terminate all communications with law enforcement and any one else involved. The best way to respond is to either politely decline to discuss it without the presence of counsel, or to simply say nothing at all. It doesn't matter if you are threatened with arrest, prosecution, or anything else, no statements should be made except through an attorney.

The prosecution has a difficult job--they have to prove guilt beyond a reasonable doubt. In your case, the victim claims that she was not being drowned, so that immediately presents a challenge.

Maybe there are two witnesses, and maybe not, but the charges are serious and you don't want to go to prison. If you are possibly facing attempted murder charges, you would be a fool to not acquire a criminal defense attorney now. A criminal defense attorney could guide you toward preserving the case of your innocence. For example, a criminal defense attorney might recommend that girlfriend is examined by a physician to verify that she does not have injuries consistent with the alleged struggle. You need that legal counsel.

In short, don't talk about your case to anyone, and get a criminal defense attorney immediately.

Let me know if further clarification is needed. Thanks.
Brandon M., Counselor at Law
Category: Criminal Law
Satisfied Customers: 12235
Experience: Attorney
Brandon M. and 7 other Criminal Law Specialists are ready to help you
Customer: replied 11 months ago.

thanks for the advice. the charge is domestic, battery. can the charge still be changed? she has no bodily injuries as we were playing, but I do. also, everyone there had been drinking at the time.

Expert:  Brandon M. replied 11 months ago.
Hi again:

Yes, the charges can still be changed. However, it's pretty rare to charge someone with domestic battery and then increase it to attempted murder. Usually, they will charge the most serious crime possible at the onset so the bail can be set as high as possible, so they normally over-charge, not under-charge. Still, domestic battery is serious and I recommend working with a criminal defense attorney to resolve this early.

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