Have Legal Questions? Ask a Lawyer Now.
That answer would depend on the specifics of the case. If he is innocent he should enter a plea of not guilty and set the case for a pre trial conference where he can discuss the facts of the case with his lawyer and or the district attorney
If he wants to enter a plea he would want to enter a plea of no contest, but I would suggest in consulting with an attorney first
What are the chances of him not going to jail?
depends on the case a lot of times the DA might be willing to do what is known as a deferred judgment if he does a 52 batterers treatment program and various other things. What state are you in.
let me look up that state for you
also is the the first offense?
Thank you and yes it is
okay hold on one moment please
was it charged as a felony or misdemeanor
the summons doesn't say. It only says domestic assault
Okay generally speaking then he will be offered a plea deal to complete some type of batterers treatment program and show proof of completion. Soemtimes the DA will want the individual to plead guilty and do the program, other times they will continue the case until the program is complete and then dismiss the case afterwards.
I strongly suggest hiring a local attorney or a public defender
We are too late to do that. We have to go tonight
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).