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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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My two son's both adult were fighting with each other, the

Customer Question

my two son's both adult were fighting with each other, the one son during the brief fight bit the other one. the son then called 911. they arrested the older son for domestic violence even though my younger son did not want to pursue anything, he has to go to court 10/7. what should he do
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

I am sorry to hear of this matter.

The son who does not want to proceed, was he taken to the hospital for treatment to injuries?

Customer: replied 1 year ago.
no there was a little area that the police officer saw that caused them to arrest Kyle
Expert:  Samuel II replied 1 year ago.

Thank you.

And how old is the younger son, please? Is he a minor or over age 18?

If he is over the age of 18, he will need to make the calls. But if he is a minor, then you can call on his behalf.

Expert:  Samuel II replied 1 year ago.

I suggest a call to the District Attorney's office and ask to speak to a victim/witness coordinator. Tell them the situation and that you your son does not want charges to proceed against the older child. You can explain that this was an isolated incident and that your son does not want to testify in this matter. There was no injury. I suggest that you can also request to speak to the prosecuting attorney and tell them the situation.

At the very best, ***** ***** dismiss the matter. However, I suggest that the best scenario you can hope for is having the charges placed on an inactive docket or even having your son in a deferred adjudication.

The inactive docket means this will not be prosecuted at this time. But should your son get any more criminal charges or arrests, the DA can bring this matter to full prosecution.

The deferred adjudication means that he would plead guilty and the DA would agree to a term of probation and once that is completed successfully, the conviction would be removed from his record.

Expert:  Samuel II replied 1 year ago.

If your "victim" son is at least 18, he needs to make the call. If he is a minor, you can do it for him.

Expert:  Samuel II replied 1 year ago.

In the meantime, your older son should consult with a local attorney and if he cannot afford a private attorney contact the local Public Defender to assist.

Expert:  Samuel II replied 1 year ago.

And so at the Oct 7th hearing, this will be a preliminary hearing. And the judge will ask for his plea. I suggest he plead Not Guilty. Ask for a Public Defender and then the negotiations can begin with the matter being dismissed or whatever the DA is willing to do in this regard.

Expert:  Samuel II replied 1 year ago.

Please let me know if you have other questions in this regard. Keep in mind, I can only answer and provide information for what you ask. I do not know what you need to know, unless you tell me. Please rate positive as this is how I get credit for my time and information.

Thank you

Customer: replied 1 year ago.
thank you
Expert:  Samuel II replied 1 year ago.

You're welcome and good luck with everything. One more thing, your older son may want to volunteer to go into an anger management program. I am sure that will be one of the DA's priorities if they agree to any plea. So he should consider that also.