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Ask David C. Garner Your Own Question
David C. Garner
David C. Garner, Attorney
Category: Legal
Satisfied Customers: 999
Experience:  JD with Distinction, Admitted to practice in California
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I have been charged with assault and battery--did

Customer Question

I have been charged with assault and battery--did neither--wife was throwing stuff at me and then she calls police--off to jail I go. Wife says she does not want charges pressed and she told that to police--off to jail I went.
What should I and her also---my court date is tomorrow.
Thanks, ***** ***** for your help--I may need legal rep--but I am broke--can I ask for a public attorney, if I go in an hour before court?
Submitted: 7 months ago.
Category: Legal
Expert:  Barrister replied 7 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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When you go to court tomorrow, that will just be your arraignment where the judge explains the charges and asks you if you want to plead guilty and accept whatever the DA offers as a penalty or plead not guilty and move forward with a potential trial later on down the road.

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He will then ask you if you can afford an attorney or if you need on appointed for you.. So if you don't want to accept the offer (and it is never a good idea to do so at first) then you can plead not guilty and request a public defender.

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If wife is a no-show down the road at any trial and if she tells the DA she is not going to cooperate, that makes their case much harder to prove and greatly increases the likelihood that the case will eventually be dismissed entirely.

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thanks

Barrister

Customer: replied 7 months ago.
even if she was supneod--sic
Customer: replied 7 months ago.
Can she just not show up or say she is not pressing charges?
Customer: replied 7 months ago.
Plz help court in 12 hrs
Expert:  Barrister replied 7 months ago.

If she is subpoenaed, she has to go, but she can simply say she is exercising her rights to remain silent and not say anything at all..

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But if this ended up going to a trial..that is months off... so she doesn't have to worry about that right now..

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But she isn't pressing charges....the state is... so only the state can drop the charges.. she would just be a witness for the state...potentially.

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thanks

Barrister

Expert:  Barrister replied 7 months ago.

Did you have any further questions I can help with tonight?

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thanks

Barrister

Expert:  Attorney2 replied 7 months ago.

I am a different attorney and saw your request for a 2nd opinion and I agree with the answer the first attorney provided. Do you have any additional questions for Barrister?

Expert:  David C. Garner replied 7 months ago.

Hello,

Everything the previous posters said is correct. Your initial court appointment is an arraignment and no, you wife does not have to cooperate although she is not the one pressing the charges. She cannot make the charges go away. That is entirely up to the district attorney.

Is there anything else we can help with?

DCG