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Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 31685
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I got into the argument with my husband after he has given

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I got into the argument with my husband after he has given me a week of silent treatment and I slapped him in the face and left some scrach marks. He called police and I got arrested for simple assalt( domestic violence) . I am a professional, and an not afford any record due , as it may affect my license, i am very depressed that it had happened, I came from very abusive relationship with my ex husband who used to beat me on a weekly basis. What are my odds to clear this matter? My husband wants to drop charges, he had no idea that they will arrest me , he says he just wanted to scare me and teach me a lesson. What can I do besides getting an attorney? My attorney is optimistic but i am totally devastated, it may ruin my whole professional career and already ruined my relationship with my husband...
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Roger replied 5 years ago.
Hi - my name is XXXXX XXXXX I'm a Criminal Law litigation attorney here to assist you.

If your husband doesn't want to proceed with the case, he can refuse to testify at the hearing under the spousal immunity privilege - which basically is the right to refuse to testify against your spouse.

If your husband refuses to testify, there should be no proof to support the charges, and therefore, the prosecutor should dismiss the charges for lack of evidence.
Customer: replied 5 years ago.
His attorney did not say that... Does it matter that the complained actually came from the state of NJ and there is a police oficer's name, too. He did see the scrach on my husband's face. Can my husband still refuse to testify.
If case is dissmissed will i still have "arrest history " and history of criminal charges to explain while renewing my medical license?
Expert:  Roger replied 5 years ago.
Yes, your husband can refuse to testify under spousal immunity.

The scratch could have come from anywhere, so without your husband's testimony, it is very unlikely that the case could be proven against you.

However, the arrest will still be out there, but you can seek to expunge the arrest.
Customer: replied 5 years ago.
Great, but there iis one detail- his 17 y o daughter saw the event and gold the police that i have attacked him. She is not planing on testifying in the court but can they call her gor a wittness?
I need to redolve all this asap and di not want any postponed, resceduled court dates, etc as i am currently renewing my NY license due to a great job opportunity?
Expert:  Roger replied 5 years ago.
She would have to testify if they subpoena her. However, if they don't subpoena her to appear, she doesn't have to go.
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