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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27478
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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hello! you have previously answered a question for me in regards

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hello! you have previously answered a question for me in regards XXXXX XXXXX situation with a domestic violence case. I really appreciated your insight. I have a follow up question given the development of the situation. Can I ask it now?

Sure. Go ahead and ask.
Customer: replied 4 years ago.

So ADA texted me telling me she asked my husband's lawyer if my husband would come in to agree on a deal. When I asked to give me more detail she got annoyed telling me I should just sit back and wait. Its very disappointing giving I just want to resolve the situation and feel like she treats it just as a case... I dont feel she has my and my family best interests in mind. How should I move on?


I understand what you're saying but I'm going to tell you what I have had to tell clients many times over the years. Unfotunately, the criminal justice system is not designed to solve marital problems and/or to repair relationships. It's designed to hold wrongdoers accountable for their unlawful behavior. And so your interests here and the prosecutor's are very different. She's representing your interest as victim, yes, but she's also handling this case on behalf of all of the people in the state who should not have to tolerate domestic violence.

Keep bothering the DA to tell you what's going on. If she won't do it, call the DA's office and ask to speak to her supervisor or bureau chief and lodge a complaint with him. You should get her attention that way.
Customer: replied 4 years ago.

Ok. Or should I just get in touch with his lawyer? I just want to move on from this. Either by repairing my marriage or moving with divorce, but that will be clear if I can understand where my husband stands. I have a baby and a high profile job and I just want to make sure I can concemtrate on whats important instead of giving them time.


His lawyer may not speak to you. You can try to talk to him, of course, but the conversations he has with your husband are privileged and he is not allowed to share them with you unless his client/your husband asks him to.

If he believes that what you want is also what your husband/his client wants, he will be helpful to you. If not, he may not even return your calls. So yes, see where you can get with the lawyer, and then follow up with the DA and, if necessary his supervisor or the DV bureau chief.
Customer: replied 4 years ago.

So just to be clear I should contact his lawyer, correct?


I would start and stop with the DA unless I was interested in completely dropping charges. I have already gone over this before with you. However, yes, if you wish to contact his lawyer to see if he will give you more information than the DA will, by all means do so. The worst thing that will happen is that he will tell you that you are the complainant, that he does not wish to speak to you, and that you should call the DA for your information.

There is nothing improper about calling the defense lawyer, except that if the case were to go to trial, anything you shared with him could be used against you. But since you do not intend for this case to go to trial if you can help it, that's likely going to be a non-issue.

If the lawyer doesn't give you any information, call the DA. If he still pronounces you impatient and refuses to share any information with you, contact the DA's supervisor, as I indicated above.

I recognize that you're impatient, however it's the DA's case, and the wheels of the criminal justice system grind slowly. If your husband likes the offer, the case can end fairly quickly but otherwise, it can drag on, and there isn't much you will be able to do about it except wait.
Customer: replied 4 years ago.
This is extremely helpful. Just one last question - how can it potentially be used against me?


Sorry for the delay. My nephew from out of state is visiting today and I have been out and away from the computer.

Anything your husband tells his lawyer is strictly confidential and cannot be used against him no matter what he tells him, as he is protected by the attorney/client privilege.

On the other hand, nothing you tell his lawyer is privileged or confidential information. A lawyer will turn what you say to his client's advantage whenever possible. That's all I meant.

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