How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask AttorneyTom Your Own Question
AttorneyTom
AttorneyTom, Lawyer
Category: Criminal Law
Satisfied Customers: 9176
Experience:  Attorney
18048122
Type Your Criminal Law Question Here...
AttorneyTom is online now
A new question is answered every 9 seconds

Ive recently been charged with DV 3rd. My wife and I had an

Resolved Question:

Ive recently been charged with DV 3rd. My wife and I had an arguement on our boat and she jumped off the boat in the lake, swam to shore and while walking up the street she met some concerned strangers that called the police. When the police arrived they arrested me for DV 3rd. My wife had a swollen eye and the police arrested me. My wife did not press charges. We were both heavily intoxitaed but the police still required my wife to take pictures and write a statement. I tolt the police that my spouse jumped off the boat and I didnot know anything about her swollen eye. I have a court date in August to enter a plea. Will the state drop the charges since there were no witnesses and we were intoxicated? Do I need an attorney and if I do, when do i need to get one?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  AttorneyTom replied 6 years ago.
Good evening! I'm sorry to hear about the situation!

If a witness/alleged victim will not testify favorably for the state, the state may drop the charges if little or no other evidence is available.
The fact that an accused person is intoxicated does not provide a defense, though the fact that a witness/victim is intoxicated can be helpful in discrediting the individual's testimony if necessary.
That said, unfortunately, an alleged victim doesn't get to decide whether or not charges will be pursued. That decision belongs solely to the state.

You do need to retain an attorney and it would be prudent to go ahead and retain one now.

I know that this probably isn't entirely what you wanted to hear. However, it's the honest truth and I know you want a truthful answer above all. I hope that you will click accept so that I am paid for my time and effort spent providing this information.
Customer: replied 6 years ago.
Do the pictures of her face and the statement made by my intoxicated spouse at the time suffice as substantial evidence by the state to prosecute? My spouse is deeply regretful for her actions and has no desire to make charges are appear in court. From my understanding they cant make her testify against me and the statement that she submitted while intoxicated is not able to be used against me in court. Is that true/untrue?
Expert:  AttorneyTom replied 6 years ago.
The state could still charge you based on that information.
However, it doesn't mean a conviction will or will not occur as a result.
Alabama statutes permit a spouse to testify but a sposue cannot be forced to do so.

Section 12-21-227 - Husband and wife for or against one another.

The husband and wife may testify either for or against each other in criminal cases, but shall not be compelled so to do.

Customer: replied 6 years ago.
so the state can use a statement from an individual they knew was intoxicated?
Expert:  AttorneyTom replied 6 years ago.
Yes. Statements from intoxicated individuals are admissible in court.
However, the veracity of those statements may be questionable and that's something a defense attorney can use against the state.

I know that this probably isn't entirely what you wanted to hear. However, it's the honest truth and I know you want a truthful answer above all. I hope that you will click accept so that I am paid for my time and effort spent providing this information.
AttorneyTom and 4 other Criminal Law Specialists are ready to help you