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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 33729
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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My husband was wrongly convicted of a Domestic Battery charge

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My husband was wrongly convicted of a Domestic Battery charge last year. Judge predetermined him guilty before he came to the bench (that was told to our lawyer by the judge). He had 18 months probation and had to take a sex evaluation test. The test was given improperly and my husband has to do sex therapy classes. He has gone to all the classes (they got mad when he would talk about God helping him through this time). Didn't miss any probation meetings. He is 40 days from his release date of 5/16/13 and when he had a judge court order the therapy place to give him copies of his medical records, probation on the therapy place were livid. Last Tuesday he went to sign in for therapy, my husband asked the girl behind the glass enclosure how here week was, she said fine and then she asked my husband how his week was and he said just staying on my knee's (meaning in prayer). He sat thru the class and at the end he was told that he broke his contract with the therapy place and was now in violation and couldn't come back. My husband told them what he said and that said no it wasn't. He called his probation officer the next day and had to leave a message. Probation officer stopped by the house and told him to watch the mail since he will be having a court date in April. My husband said ok. My husband went to the courthouse to appear in front of the judge because he wanted to speak to a public defender and the clerks office sent him to his probation officer and they got mad and said he was messing everything up and that he was having a court date in April. The clerk told my husband his court date of 3/30/13 (Saturday) and he would have missed that since nothing came in the mail and he would have then been in violation and a warrant would have been issued to pick him up. My husband appears in court on Wednesday of this week and probation rescheduled their court date for the same day my husband wanted to speak to a public defender. My husband was slapped with the 50,000.00 D bond (I don't know why that was so high) and was taken into custody. I went to 26th & California yesterday and his brother posted the $5,000 bond to get him out (we waited 5 hours for his release). The woman's statement was read in the courtroom and she stated she knew my husband mean't on his knees in prayer but the more she thought about it, she thought it was said sexually. My husband was looking forward to his release date so he could get on with his life, but they just want to keep him in the system. He feels that Probation and the judge already have him guilty and that he is going to end up in jail. He was on a floor that 20 group cells that were packed with standing room only, one toilet/sink and you layed on the hard floor. I know there are men in prison that belong there and they are considered "scum" by the system, but that is inhumane to have to be packed into a cell and nowhere to sleep, yet alone eat. How does my husband get out of going to jail when it's a she said he said situation? Please help!

JD 1992 :

I need you to be a little more specific in your question(s) if you could. When we answer general ones we have to give general answers and, invariably, the customer responds with "I already knew that". This type of forum works better if you ask specific questions so we know exactly what you are looking for.

Customer:

What recourse do we have to keep my husband from getting put in jail?

Customer:

Will accuser have to appear in court?

Customer:

How does my husband get out of this court system when he was 40 days from his release date?

Customer:

Are you there?

Customer:

Did you receive my questions?

JD 1992 :

I am here

JD 1992 :

I don't know what you mean by recourse. If he has already pled and been put on probation all he an do is fight the revocation and then appeal the decision.

JD 1992 :

There is no way "out of the court system" if he didn't complete his probation. The court system has to now decide what happens.

Customer:

I have never heard of a $50,000 D Bond being assigned to someone with a misdeamor charge.

JD 1992 :

That is very high.

JD 1992 :

Very.

Customer:

They all go livid when my husband requested copies of his medical records from the therapy place. We feel they are out to get him for doing this and that's why this has happened.

Customer:

He would not jeopardize anything since he was 40 days out of his release date of 5/16/13. He just wants to get on with his life and here we go again.

JD 1992 :

I'm not sure why they would mind giving him his records.

Customer:

Time and time again he has been told by probation and the therapy place that all this is, is a money maker for the state.

JD 1992 :

I don't disagree with that.

Customer:

They didn't want him to see what was in the file.

Customer:

Therapy would tell him he is doing good. He would go to probation, they would tell him they got a very bad report from therapy.

Customer:

How does he fight this he said she said issue?

JD 1992 :

His attorney can subpoena the records from therapy.

JD 1992 :

Then it will be up to he attorney to do what they can with the records.

Customer:

We have the file but we only have a public defender that doesn't call back

Customer:

He is so busy with so many cases.

JD 1992 :

It would be much better if he could hire hos own attorney.

JD 1992 :

A PD doesn't usually return calls from family members. If they did then they would spend all their time doing that.

Customer:

He is unemployed and I work part time. We don't have the money to hire a criminal lawyer. They want $25,000.00

JD 1992 :

That's pretty high for a probation revocation.

Customer:

We didn't understand why it was so high and that why we are concerned about Friday's court date.

Customer:

Everyone we have talked to tell us that seems excessive.

JD 1992 :

It is a lot higher than it should be. Are you sure the lawyers understand it is a probation revocation and not a trial.

Customer:

Yes. The public defender said to the judge he thought that was quite high.

Customer:

Judge just ordered it.

JD 1992 :

The bond is definitely excessive, but I was talking about the attorney's fee. When they gave you that price did they know it was a probation revocation or did they think it was a regular case?

Customer:

My brother-in-law was the one calling since he had the money.

Customer:

I don't know.

JD 1992 :

I'd be willing to bet he didn't tell them it was a probation revocation and just asked what they would charge to represent him in a domestic violence case.

Customer:

I'll have to ask him that. Do you know normally around what the fees would be?

Customer:

can you give price range $ - $

JD 1992 :

$5000 would be on the high end for just a hearing but since they are having to get records it may cost that much.

Customer:

I appreciate your help, but since we don't have that kind of money, I guess there is nothing we can do.

Customer:

Thank you for your time.

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