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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 89599
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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my daughter is going to court tomorrow for criminal domestic

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my daughter is going to court tomorrow for criminal domestic violence. this is the first time she has ever been in any kind of trouble and we are wondering what to expect and how if any we should prepare. her and her dad first childs dad who have been
together for 8 years got into a fight and was took to jail. his picture looked alot worst than hers . she had a mark on her chin and a scratch in her hair line. he looked messed up basically. the part that worries me though they are both charged with the same
thing and have not been back around each other since this incident is kenneth [ baby daddy] has been getting a check for about 5 years for i think mental incompentant [i cant even spell it] lol . will that affect the case?everyone in his family gets a check
like this as well. if you need any more information let me know i will send it.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.
Is this her first court appearance since being arrested?
Customer: replied 1 year ago.
yes she hasnt had a date to be there since she got out of jail
Customer: replied 1 year ago.
this is in gaffney s.c. cherokee county
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.
Please understand that as we cannot see the police reports and evidence in the case we cannot get much into the specific defenses or the specifics of her case.
If she has not been to court since she went to jail, this court appearance is known as "first appearance" or "arraignment." At the first appearance, all she would be expected to do is enter a plea, typically "not guilty," and if she needs a lawyer and cannot afford one she would ask for one to be appointed at that time. She does need an attorney, since this is a criminal charge and she will have a permanent criminal record forever if she is found guilty. The court will also continue any restraining orders that are in place and may enter other conditions of bond/bail, such as attending anger management classes etc.
This is all that happens in a first appearance. Once she gets an attorney, the attorney will obtain the police report and all the evidence the DA has and will work to prepare her defense to the charges, such as arguing self defense and that she was not the aggressor in the incident. The attorney will also try to negotiate with the DA to dismiss charges upon completion of any court ordered anger management or domestic violence classes and if he cannot he will at least try to work out some first offender deal where an expungement could subsequently be obtained if the attorney cannot find enough evidence to go to trial and seek to get her found not guilty that is.
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Customer: replied 1 year ago.
she is worried that since he gets a check and he looked pretty bad, will they or can they get her for anything else or will it affect her because he is mentally incompatant?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for the reply.
The fact he has some mental illness may actually provide her a defense regarding her trying to defend herself from his attacks which is why he looks worse and she can portray him as the aggressor.
However, until the police report is obtained and evidence examined, there is no way to say his incompetence or getting a check would be favorable to him as that really makes no difference.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 89599
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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