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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 28066
Experience:  10+ years defending Misdemeanor and Felony cases.
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My brother-in-law got into a domestic dispute with his wife

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My brother-in-law got into a domestic dispute with his wife and he accidentally shot her and then kept the police at bay for approx. 6 hours. He had no criminal record before this and he and his wife both concur that this was an accident. He is currently in jail and will have to have a public defender due to lack of funds. I guess our main question is can he get good representation with a public defender?
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. Yes, he can certainly obtain great representation with the public defender. Being that he will most likely be charged with a felony, the PD representing him will certainly have years of experience and be able to handle the case. The public defender often has a heavy case load, so he/she may not be able to give as much personal time to your brother-in-law as a private attorney would be it does not mean they are not going to work on his case and represent his best interest. Moreover, if his wife is going to cooperate and testify on his behalf that this was an accident, it should certainly be a mitigating factor, with the charges he is going to face. The PD is going to make a demand for discovery and see all the evidence which the State has and is going to use against him. Their key piece of evidence is going to be the testimony of his wife, so if she testifies that this was an accident, it may not be a case that even has to go to trial. The State may be inclined to take a plea and amend the charge, if they do not have a good faith basis to proceed. Of course, the issue will still remain holding the police at bay for 6 hours, so that will certainly need to be looked into and see what charges come from that.

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Customer: replied 4 years ago.

Do you think there is any way he will not have to go to prison?

It truly depends on the charges that are filed against him. If his wife is going to testify favorable to his behalf, it is going to be hard for the State prove the charge against him, for shooting her, as alleged. However, the issue with the police is going to be a concern, since if this was an accident, he should have cooperated.