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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102601
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My sister was put on jail for domestic violence when she is

Resolved Question:

My sister was put on jail for domestic violence when she is the victim what we could do?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Ely replied 7 years ago.

My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.

Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

Can you please tell me more about what happened? Also, does she have a criminal record? And is her partner willing to drop the complaint?

Customer: replied 7 years ago.

My sister had a case in the past for domestic but the case was dismise, and some animal cruelty but it was also dismise they didn't have any proof about that. So you could say that yes she had some arrest before. Now this time about two weeks ago everything started she was abuse by her mate the police came looking for my sister to take pictures of her to proceed with the charges of her mate but like a typicall victim she didn't press any charges on her mate giving her an opportunity, now last friday they had an argument which turn violence my sister mate was violent to my sister and to her own son there was a knife involve where my sister and child got hurt now my sister had to defend her self and punch her when the police arrive my sister was in the stair with a neighbor bleeding fearing for her life then the police took her to the hospital alone , the mate when with her child to the hospital then left the hospital without being discharge. the police took my sister to custody after the hospital when she was the victim of the domestic violence. At this moment my sister is siting in Jail for punching her mate and for being the victim. Her mate wants to tell the thruth but they say that we can't do nothing until court date, I have the entire phone conversation recorded. Do we really have to wait to court or what can we do at this point?

Expert:  Ely replied 7 years ago.
Unfortunately, the District Attorney will not just "drop" the case at this point. Once a charge relating to domestic violence is initiated, it is usually not dropped. Keep in mind, the DA is very well used to persons who file the report to backtracking and standing by the boyfriend's side, but the DA's job is to prosecute. Period.That doesn't mean that it is not possible to work it out. First, have the mate make an appointment with the DA and speak with him, explaining what happened and that it was all an overreaction. Sign an affidavit to that effect. Tell him that if on the stand, the mate will say what happened, but they will not be a "perfectly cooperative" witness for them.At the same time, initiate counseling between the mate and her (but do so only after telling the DA and letting them know that the mate is the one who is initiating contact, so it doesn’t look like the mate is breaking any temporary restraining orders). Let the DA know of this. The DA will see that it is not worth ruining people's lives over this, and might be agreeable to reducing the charges with the defense attorneyMeanwhile, the defense attorney should press the DA to either drop the charges, or to accept deferred adjudication (probation without a conviction), or another type of non-jail, non-conviction outcome. Deferred adjudication is a good option usually available for those who have little or no criminal record.Between speaking with the DA, initiating counseling, and the defense attorney's push to minimize/dismiss the charges, something should be worked out which is more or less in her favor.

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Customer: replied 7 years ago.
could i use the phone conversation at court, to use it as a defense for my sister, if her mate don't come foward with the declaration and the child to tell the truth of what happend. And last but not lease do I have to get witnesses from the building to tell what happen that day?
Customer: replied 7 years ago.
can I be able to talk to her attorney before court
Expert:  Ely replied 7 years ago.
Are you that mate?
Expert:  Ely replied 7 years ago.
Sorry, obviously not.

Edited by Eli on 7/2/2010 at 11:27 PM EST
Expert:  Ely replied 7 years ago.
You can talk to her attorney at any time, but it's up to the party who initiate the charges to drop them.
Customer: replied 7 years ago.
No Im the sister of the girl that is in jail ,I just want some answer and to see if my sister will need and attorney to defend her in this case. IIf the other person don't come foward at court and drop the charges can I use the tape as her deffense. I Just don't want my sister to be responsible for something she didn't do , she was the victim in this case
Expert:  Ely replied 7 years ago.
I know, I just amended my answer - please refresh.
Customer: replied 7 years ago.

Oh ok I just wondering if the other person don't come foward with the declaration and drop the charges can I use the conversation in her defense

Expert:  Ely replied 7 years ago.
What conversation?
Customer: replied 7 years ago.

I'm sorry I have a phone conversation with my sister mate saying what happen that night and that my sister didn't have anything to do with it my sister was only defending her self and the child when her mate stab both of them

Expert:  Ely replied 7 years ago.
Have her attorney bring that to the prosecutor's attention at the first setting. She'll generally get 3-4 resets where nothing but negotiation happens before she has to go to trial or take a plea.
Customer: replied 7 years ago.
Ok so on the 12 wich is my sister court day I will have her attorney listen to the phone conversation , also have some pictures from before when my sister is all bit up and didn,t press charges to her mate only a police report can I use that too
Expert:  Ely replied 7 years ago.
I would just present this to her attorney and let him/her take it from there. Just present the evidence.
Customer: replied 7 years ago.
thanks for your time
Expert:  Ely replied 7 years ago.
Sure thing.
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