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I was arrested for 5th degree domestic assault and spent the

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weekend in jail. I...
I was arrested for 5th degree domestic assault and spent the weekend in jail. I have never been arrested before in my life! I was released with no bail, but am on a DANCO? - I cannot go home until the hearing in one week. The circumstances of my arrest were that my wife and some friends were intoxicated and I asked them to leave as it was 3am and they had just had a 4:30am bender the night before - I was the designated driver and got my wife and her friend home, but they had invited others from the bar to come to my home - I was upset and asked them to leave - while I did raise my voice and tell my wife to go downstairs and ask them to leave - she stumbled on the stairs - this turned into my "throwing" her down the stairs and the partiers called the police and had me arrested! I am unable to communicate with my wife, but can't believe that she wanted this to go this far. If I am convicted I will lose my job and not be able to work in my field! What can I expect at my hearing?
Submitted: 8 years ago.Category: Criminal Law
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Answered in 9 minutes by:
3/31/2009
Criminal Lawyer: Alex, Criminal Defense Lawyer replied 8 years ago
Alex
Alex, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 61
Experience: Experienced, former Assistant State's Attorney and Assistant Attorney General licensed in IL and NY
Verified
Hello. Sorry for your plight. Sometimes alcohol clouds truth. Unfortunately when someone gets hurt or appears to have been intentionally hurt - the law does not try to sift through the truth and fiction and simply makes an arrest to alleviate the situation.

If you have been charged with something including domestic assault speak with a knowledgeable local criminal attorney. That said - you should comply with the bond order provisions which may include a no contact or stay away order of some kind as it relates to the alleged victim. Usually such orders are in writing and are entered into to protect the victim of the assault. What should you expect? I honestly think you deserve a shot at making this right and not having a record too. It sounds like an accident and not an intentional act on your part. So please see an experienced attorney about this as soon as you can. I hope this helps you out. Hit the green accept button if you found this answer helpful too. Thank you in advance and best of luck to you. Attorney Alex
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Customer reply replied 8 years ago
She was not hurt. I did have them give me a breath test when I was booked - and it reflected me being sober. Would the DANCO have been automatically done, or would that have to have been requested by wy wife? WHAT EXACTLY will happen at the hearing? Do I really need an attorney? I am 41 years old, with no record other than a speeding ticket, have been living my wife for 20 years, married for 15 of those. If I do not use an attorney - how should I proceed at the hearing?
Criminal Lawyer: Alex, Criminal Defense Lawyer replied 8 years ago
Hello again. Regardless of whether or not she was hurt, I still recommend an attorney because there is a domestic case now pending against you. I did not mean you were drinking, I just meant that it sounded like the people were not leaving because of being under the influence. Please see an attorney to ensure that you do not do something which violates your bond, especially if you wish to contact her. Typically such orders are automatic and should be in the court file. Please review the court file for all orders entered if you are not sure about it being a condition of release pending trial. Finally, if you do not use an attorney at the hearing, I highly recommend you bring any helpful witnesses to your case. But first and foremost review the court file for orders so that you can see if it is ok to contact her. But I highly recommend you get that local honest attorney to review the file and let you know what to do next according to local protocol in these sorts of cases in your particular area. Last but not least, if you do not use an attorney just tell the court the truth. Do so with an eye toward defending the actual charge or charges. Think about bringing any witness in with you if there is one who can also tell the court your truth. You might also politely tell the court that you have a right to ask people to leave your home nicely and that they must comply or risk becoming tresspassers too. That these people were too drunk to know what really happened too. SThat they were on a binge since the day before and you had enough. More importanty, tell the court that your wife falling was an accident and never ever an intentional act on your part either. Sometimes it helps to bring in pictures of a scene too.

Anyway, best of luck to you again. I hope your wife opts to drop this case and be honest about what took place too. If you think she will embellish or try to harm you legally, then again (and I cannot stress it enough) think about bringing in a lawyer with you for any upcoming hearing. Again, good luck to you. Attorney Alex
Alex
Alex, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 61
Experience: Experienced, former Assistant State's Attorney and Assistant Attorney General licensed in IL and NY
Verified
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Alex
Alex, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 61
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