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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27087
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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if a spouse put a gun in your face when he was intoxicatied

Customer Question

if a spouse put a gun in your face when he was intoxicatied but don't want him to go to prison because of the child they share if i want drop charges and stay clear of him how that go.
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 7 years ago.
Hello,

You can certainly try to drop charges, by telling the prosecutor assigned to the case that you don't want to testify against your husband and that you do not wish to cooperate in his prosecution. But because there's a firearm involved here the prosecutor is probably going to give you a very hard time about dropping, particularly if the police recovered the weapon.

The state will tell you that they have the right to continue to press charges even if you don't want to cooperate, which is true. And they will try to do that for as long as they can, to attempt to change your mind. After all, you're not saying this incident didn't happen. You're saying that for the sake of your child, you want your husband home. Unfortunately, the prosecutor may feel that for the sake of your child he doesn't belong home, and they could potentially alert CPS as well.

Ultimately if you stand firm and say you won't cooperate, the state will have a hard time making out its case without you. But with a firearm they are likely to play hardball for a while. If you're firm about dropping you may get some assistance from your husband's lawyer.

___________

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This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your State for specific legal advice.





Zoey_ JD and 2 other Criminal Law Specialists are ready to help you
Customer: replied 7 years ago.
what if i get a divorce on these grounds to show cps that my child is safe and doing it to help not go toprison but dont want him to come back to live with me seprated for ever until my divorce final then what.
Customer: replied 7 years ago.
what if we stay separated can cps get involved then if i file for a divorce
Customer: replied 7 years ago.

well my husband has a history of being a bad drunk and i should have tried to stop him plea with him other than send him to jail can he get a lawyer to help him in these case maybe he can help him get a lighter sentence.com

 

Expert:  Zoey_ JD replied 7 years ago.
Jacustomer,

This is something quite different from where I thought your question was going.

If you told the prosecutor that you think the only reason this happened was because he was drunk, that you don't want him to go to jail, that you want him to get help but you don't want him back in the household, the prosecutor may be willing to keep him at liberty on probation, give you a protective order which would make him have to stay away, and make him get treatment of counseling for his drinking and anger issues.

With something like the above, you would be cooperating in his prosecution but to less serious offenses so that he gets help but you and your child are not at risk.

Whether that would work or not would depend on whether you had any injuries, and whether it was legal for him to possess the gun in the first place.

___________

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your State for specific legal advice.