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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27425
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I call police after argument between me and my husband, end up by arrest the husband u

Customer Question

hi, I call police after argument between me and my husband, end up by arrest the husband under felony assault. I believe there is language barrier and miscommunication mistakes happen also i felt the officer tried to put word in my mouth and was rushed to arrest my husband. my mother in law told me in the police report from their lawyer showed major errors, that we believe escalated the charge of my husband. how i can help my husband i want to go to police and amend the mistakes also, my husband is a nice guy we been under lot of stress and tension recently. my concerns if I attempt this I do not to be accused as lier or falsifying records, please advise
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.
My name is ***** ***** I am an experienced criminal lawyer.
Your husband has already been arrested. That means that the case does not belong to the police any more. They have turned over everything to the prosecutor. You cannot help your husband now by going to the police.
However, you CAN still help him by talking to the prosecutor. You need to call the prosecutor’s office and get the name of the person who will be handling the charge against your husband. Then you can make an appointment to speak to him or her.
The prosecutor will want to talk to you about this case, because you are the most important witness for his case. You can let the prosecutor know that you would appreciate it if she has an interpreter at your appointment because you do not want to misunderstand or be misunderstood.
When you meet with the prosecutor, you can explain that you didn’t think that the police understood you very well because what they said happened was all wrong. Correct all of the mistakes.
The prosecutor needs you to make her case. For that reason, prosecutors try to work with their witnesses and don't turn on them. You will not get in trouble for lying and you have good reason for the changes in your testimony -- a language barrier.
Customer: replied 2 years ago.
my husband has court next Tuesday, now, what is the right time to get prosecutor appointment? do we need to do any thing to post pone the court, till I meet the prosecutor? since now I have not gotten any calls from them, we are in Texas. I want to drop charge, really it was stressful time for us, I was nervous and in tears the officer granted my emergency protection order, can I do any thing to help, get my husband back
Expert:  Zoey_ JD replied 2 years ago.
See the prosecutor before the court date. Call on Monday, or just walk in on Monday and see if you can see him then and there.
Also when you talk to the prosecutor make it clear you want to drop. It's the state's case and not yours any more, so he or she doesn't have to let you do that. But if he agrees to it, then it could be dismissed on Thursday.
If the prosecutor won't agree to drop, then you need to talk to your husband's lawyer and ask him to help you convince the DA to dismiss charges. Usually, when the defense lawyer and the complainant join forces to double team the prosecutor, something favorable to the defendant can eventually be worked out.