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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
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Experience:  Experienced Licensed Attorney
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My son was just arrested for Domestic Violence. His wife hit

Customer Question

My son was just arrested for Domestic Violence. His wife hit him and he pushed her so she called the police. My goal is to keep him in BYUI to finish his BA next Spring. I was wondering if I should let a public defender take it or if I should hire an attorney such as Mr. Garner on Main street in Rexburg. I do not know how much this is going to cost. I was wondering if you knew about how much misdemeanor cases cost. They were married last August and things got rocky when we realized she has Bipolar. At Christmas here, she hit our son and he called the police. A report was taken.No arrest. This could prove that it was self defense ie pushing her away after she hit him. But they arrested him and not her. I do not even want this to go on his record and would obviously want the charges dropped.The meeting to set bail is Monday afternoon. Does an attorney have to go to that? Can I get someone that fast? I emailed Mr Garner who does misdemeanor cases. PS No marks on either of them or injuries.
Submitted: 1 year ago.
Category: Legal
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

I am sorry to hear about your son's unfortunate situation.

Domestic Violence charges are extremely serious, because if your son get convicted of a crime of domestic violence, he will permanently loss his firearms rights under the state and federal law.

I would be a very good idea for you to consult and hire an experienced local private criminal defense attorney and this local attorney can represent your son in the pending criminal case and fight for your son in court.

Unfortunately, there is no way to estimate what each attorney would charge, as each attorney set their own rates, but the fees can range for domestic violence crimes from $2000-$10,000, so it would be the best for you to speak to several local criminal law attorneys and to compare the fees and experience that they offer.

I wish you and your son the best of luck!
Customer: replied 1 year ago.

Can you explain to me about misdemeanors. If he gets convicted and even has community service or something. Will this effect his job opportunities?

Also I need to fight this so he doesn't get kicked out of BYUI because he is almost done with his BA

Also how would we go about getting a divorce-there is a restraining order for 2 weeks now ID law. If she tried to drop charges would that help I mean if we could get her to do that?

 

Also why do I need to hire an attorney when he would get a public defender? I don't know the difference... will the hired one do a better job?

Expert:  Alex J. Esq. replied 1 year ago.
Thank you for your follow up.

1) Misdemeanor domestic violence can subject your son to up to 1 year in jail upon conviction, but it might be possible for your son to enter into a firs time offender deferred prosecution program, which would allow him to do community service, serve probation and pay a fine and once the sentence is completed, the criminal case would be dismissed.

2) Criminal conviction would potentially cause issues with your son employment opportunities, but deferred prosecution program should not, since the case would be dismissed

3) Your son can still file for a divorce and would need to retain a local divorce attorney to help him.

4) It is not up to your son's wife whether to prosecute your son and pursue the criminal charge, but it is up to the DA.

I wish you the best of luck!
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 13438
Experience: Experienced Licensed Attorney
Alex J. Esq. and 7 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Thanks!


 

Expert:  Alex J. Esq. replied 1 year ago.
Thank you and please click on the "excellent service" rating so I can receive credit for my answer.

Positive feedback and bonus is always appreciated, but is not required.

I wish you the best of luck and God bless you!

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Alex J. Esq.
Alex J. Esq.
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