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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23541
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Me and my husband has an altercation on Saturday night and

Customer Question

me and my husband has an altercation on Saturday night and now the police report is at the prosecuters office. neither of us pressed charges on each other due to it being both of our faults and now im freaked out that one or both of us are going to jail.
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: Indiana and Saturday night
JA: Have you talked to a lawyer yet?
Customer: no. didn't think I had to bc neither of us pressed charges. and we were both intoxicated
JA: Anything else you think the lawyer should know?
Customer: my son was there who is 14. he witnessed nothing but he is the one who called the police
Submitted: 3 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 3 months ago.

Hello,

So you have not been charged yet, right? Was anyone injured or was this just an argument?

What is the question that you have?

Customer: replied 3 months ago.
No charges.. nothing has happened yet. But I wS informed today that the report went to the prosecutors office today.. and I'm needing to know what happens next and what to expect. I do not have a record. Nothing like this has ever happened to me before.
Expert:  Zoey_ JD replied 3 months ago.

The prosecutor will make a determination as to whether to charge you both, charge only one of you or not charge you at all. If you don't have a record, you're not going to end up in jail, and neither is your husband. However, you both may have to deal with a criminal case. I can't tell you much more until you give me more information.

Exactly what did your 14 year old son report to the police when he called? Did the police come to the home? What did the police see/hear when they got there? Were either of you injured?

In what US state did this occur?

Customer: replied 3 months ago.
I have no clue what my son said. Police came to the house. We both were given breathalyzer tests. They saw nothing. We were both standing outside and no one was injured we just restrained each other.
Customer: replied 3 months ago.
it happened in Indiana
Expert:  Zoey_ JD replied 3 months ago.

Unfortunately, without knowing what your son said, I can't tell the likelihood that you'll be charged. It is a good sign that when the police came, everything was under control and that you were both together and calm. I assume the breathalyzer would show that you had both been drinking and that neither of you said you hit the other.

It's also a good sign that the officer didn't take either of you in at the time.

What's not good is that the complaint came from your child. The prosecutor's level of concern will likely be focused on whether the home environment is safe for him or not. I don't know what he told them, and unfortunately, you don't either. But if they feel your child is at risk somehow because you and your husband can't control your drinking and your anger issues, the prosecutor is likely to file charges against both of you.

Typically, when there are no injuries, the charge would be a low level offense of some sort that you could both resolve with some form of probation and anger management classes, after which all charges could be dismissed.

Customer: replied 3 months ago.
I talked to my son and he said when he called the police he said I think my step dad is hurting my mom.
Expert:  Zoey_ JD replied 3 months ago.

This may blow over, since it's clear that you were under control when the police arrived and that nobody was hurt. Again, if the police felt that someone was in danger, they would have taken one or both of you in.

It sounds as if, at best, ***** ***** could charge you with is disorderly conduct, and you could probably resolve the case with a period of some kind of supervision and an anger management program.

If you and your husband don't want to press charges against each other and your child doesn't want to testify against you, this matter isn't going to get too far. If your son is accurate about what he reported, I wouldn't be surprised if nothing happened.

Customer: replied 3 months ago.
im going to get the police report after work tonight. I can remember the events but I cant remember what I said word for word to the police. can I contact you at any time?
Expert:  Zoey_ JD replied 3 months ago.

You can come back to this question thread with a follow up at any time.

You may not be able to get the police report, if the matter is presently in the hands of the DA's office.

If you're charged with a crime, your lawyer would be able to get a copy from the prosecutor during the discovery process, and he can give you a copy of it.

Customer: replied 3 months ago.
Ive contacted the prosecutors office and they do not have our names even in their system yet. The prosecutor is out today.
Expert:  Zoey_ JD replied 3 months ago.

Don't talk to the prosecutor's office. It's not really wise to stir up a pot that isn't even boiling. Wait and see what if anything they will do and then if you're charged, get a criminal defense lawyer.

Customer: replied 3 months ago.
ok but once it gets to that point it is not going to be good. I have a police officer friend.. very close friend and he told me to call the prosecutors office.
Expert:  Zoey_ JD replied 3 months ago.

A police officer might tell you that. A defense lawyer never would. The police are the enforcement arm of the prosecutor's office. But when you are the suspect of a crime, neither the police nor the prosecutor is your friend.

Anything you say to anybody other than your lawyer can potentially be used against you.

Expert:  Zoey_ JD replied 3 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.