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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 25375
Experience:  10+ years defending Misdemeanor and Felony cases.
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What shall we do in order wife not to be guilty in felony charged due to domestic v

Customer Question

what shall we do in order for my wife not to be guilty in felony charged due to domestic violence that the police charged in State of CA?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  CrimDefense replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good afternoon. Can to share with me what happened? Did you call the police? I am just trying to get an idea of the situation.
Customer: replied 1 year ago.

What happens when the police report? I called 911 1st and and the police lied numerous times on their report. I want all charges dropped since it was just a fight without any violence incurred by me. We are a very close couple and my wife almost has her citizenship.

Expert:  CrimDefense replied 1 year ago.
Thank you for the additional information. It is important to remember that this is a crime against the State and they have the discretion to prosecute. You are the victim and they represent your legal interest. However, if you want the case dismissed and for them not to proceed, you first need to speak with the prosecutor assigned to the case and advise them of your wishes. Then, you need to speak with them and advise that this was nothing more then a verbal argument and there was no violence and all. If there is no evidence to support their case, they may not want to proceed after speaking with you. However, if they do proceed, then their case will depend on your cooperation and appearance at trial. If she goes to trial and you fail to appear, for whatever reason and the y can not proceed, they would have to dismiss the case as well.
Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Expert:  CrimDefense replied 1 year ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
Customer: replied 1 year ago.

The police took a number of photos of me and claimed a number of marks on my body were caused by my wife when in fact almost none of them had anything to do with her, including a 15 inch incision down my spine which happend to be a healing scar caused by major spine surgery I had on May 1st of this year. Also, the only mark from her on my body was a pinch mark on the upper side of my right arm. I suffer from a bad case of pshoriosis all over my legs, both arms as well as on the left side of my forhead. They appear to be cuts or bruises, which of course they are not. I only called because she became violent by knocking things off shelves all over our bedroom, none of them pointed directly towards me. Nothing of anything of interest was broken, including myself. The police also lied by filing a restraning order towards her, which I did not. Once she was arrested, I immediately paid bail in full to have her released. One of the officers seemed to have a real atitude problem whereas the other officer said if it was up to him he would not have even had her arrested. In addition, her Miranda rights were vaguly covered by them at a time when they knew she was under the infulence of Trazadone and other perscriptions medications by her doctor had been taken to calm her down. She was drowsy and confused as well as frightened by all of these events occuring at the same time towards her. She first stated she would take the 5th amendment, but due to her blury mind did not remember what the police were talking about. The second policeman appeared and stated twice she must take the fifth ammendment. She got scarred and decided not to take the 5th ammendment.

Expert:  CrimDefense replied 1 year ago.
If she did not voluntarily make the statements and they were a result of being under the influence of the medication, there could be a basis to suppress them. However, if you were to testify at trial to the same, as stated above, it would be hard for a jury to find her guilty and the state prove the case beyond a reasonable doubt, when there is a logical explanation.
Expert:  CrimDefense replied 1 year ago.
Did this help clarify?
Customer: replied 1 year ago.

Yes you clarified all of our questions and we also hired a lawyer. Thank you

Expert:  CrimDefense replied 1 year ago.
You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time, prior to leaving, so I can receive the proper credit, for our time together. Thank you.