Criminal Law Questions? Ask a Criminal Lawyer.
Good afternoon, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office where I also spent significant time working in the domestic violence division. I'm sorry to hear this happened. I'll be answering your questions today, please understand this is for informational purposes only, as we do not currently have an attorney-client relationship. Please allow me just a few minutes to prepare some information for you, thank you!
Harassment is a 3rd degree misdemeanor, and is punishable by up to one year in jail if convicted. That being said, the prosecutor will still need to prove their case against you, which is often difficult to do without the cooperation and testimony of the victim in the case. In other words, if neither you nor your husband are willing to testify against each other in these cases, the prosecutor may end up having to dismiss the charges. To clarify, it's in the prosecutor's discretion to still continue with the case and allegations even without your testimony, however it makes proving the case very difficult. Without additional evidence or testimony from witnesses, it may prove impossible to meet the burden of proof against you.
Do you have an attorney? My recommendation would be to hire a local attorney to assist you in this process. Having a good attorney working on your behalf can make a big difference, especially in our legal system that can oftentimes be rather confusing. I know many attorneys will even accept some form of a payment plan, instead of having to pay all fees up front. Also, if you financially qualify, the court will give you a free, court appointed lawyer.
I hope that helps! Please let me know if you have any other questions. Also, please take a moment to rate me using the stars as this is the only way experts are compensated for our time here on 'just answer'. It doesn't cost you anything to rate me, and we can still continue our conversation for free after. Thanks!
Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!