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My mother and I are in a domestic violence case. She was

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drunk and we got in...
My mother and I are in a domestic violence case. She was drunk and we got in a scuffle and I told her I wanted to take her to the hospital because she had been drunk for seven days straight, no shower, no food, she had bruises on her from falling and being disoriented. When I told her I was taking her to the hospital because she had too much alcohol in her system she said she would call the cops for domestic violence. So she did and I was arrested, they pink slipped her and now I have a case with the state. I have a clean record but I'm scared I will go to jail. What will happen in this situation
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: Ohio and sept 9
JA: Have you talked to a lawyer yet?
Customer: Pre trial is sept 9
JA: Anything else you want the lawyer to know before I connect you?
Customer: Oct 16 I mean
Submitted: 2 months ago.Category: Criminal Law
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Answered in 3 minutes by:
9/25/2017
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 2 months ago
CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 29,009
Experience: 10+ years defending Misdemeanor and Felony cases.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 2 months ago

Good afternoon. I am sorry to hear about this. Does your mother want to see you prosecuted?

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Customer reply replied 2 months ago
From what people are telling me, no
Customer reply replied 2 months ago
She's a sever alcoholic with a record and I have been supporting her for the last ten years. I'm 26 and have no record this is a first for me and I'm scared to death. She has bruises from being drunk and falling and some from me trying to contain her from leaving the house and driving drunk. She was pink slippef after she called the cops on me
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 2 months ago

Thank you for the reply. You do have every legal right to go to trial and the burden is on the State, to prove the charge against you, beyond a reasonable doubt. For them to do this, they are going to need the cooperation of your mother. I say this because without a victim present to testify, they would have no evidence to really use against you. In addition, you could have a defense, if nothing ever happened. If she was intoxicated and called the police and there is no evidence to show violation and that you hit her, it may be hard for a jury to convict. If it can be shown that the bruises were for something else and not from you and when she called the police, there was documentation she was impaired, you could always attack her credibility.

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Customer reply replied 2 months ago
We have a no contact from the judge and the judge pleaded not guilty on my behalf. My mother has been calling me and I will not answer and she is getting evicted from her home and wanted to make sure I got my things.
Customer reply replied 2 months ago
Usually for people with no record before, do you think they will put me in jail for six months a case like this
Customer reply replied 2 months ago
if she doesn't want to testify, will they force her to testify?
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 2 months ago

What were the extend of the injuries claimed?

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Customer reply replied 2 months ago
She is claiming I kicked her while incapacitated. Atleast That is what the police report says
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 2 months ago

If the Judge is going to impose jail, there will need to be evidence to support it. By that, they are going to want to see evidence of violence and that you did kick her, while she was incapacitated. If there is a basis for it, the Judge could impose jail or in the alternative, probation. It is punishable with jail but not automatic.

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Customer reply replied 2 months ago
What evidence? She is trying to blame her bruises she already had on me
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 2 months ago

That is what will need to be addressed and attacked at trial. If you have first hand knowledge or know someone who does, you may want to consider having them testify on your behalf, to show she was falling because of being impaired and that is what caused the bruising, not you.

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Customer reply replied 2 months ago
No one was there that day to witness anything
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 2 months ago

With that being the case, it would be your word against hers and you would want to use the issue with her drinking and falling, as the basis to explain the bruises. It would be a sad situation if she knows this to be true and that you did not touch her, yet she will take the stand and lie under oath.

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Customer reply replied 2 months ago
Since she was pink slipped, some people are saying this case will likely to be dropped since she has a record with jail and and bad reputation with the local police
Customer reply replied 2 months ago
Is this true?
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 2 months ago

I do not necessary believe that will result in this being dropped. It can be used in support of your defense but her reputation with the police does not necessarily mean she was not a victim.

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Customer reply replied 2 months ago
Since you're an expert, what do most likely think will happen in this situation
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 2 months ago

If you want to resolve this and take a plea deal, you could be looking at probation. Of course, you would have this on your record and if you did not touch her and she made this up, you have every right to fight this and go to trial and make the state prove the charge against you. I think if you are going to do that, you want to retain a criminal defense attorney and have them work the case and build a defense.

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Customer reply replied 2 months ago
How long is probation typically, and I just got a job promotion in another town, will I be allowed to move if I am on probation
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 2 months ago

You would need to address this with the court, if you are going to need to relocate because of work but they should not have an issue with it. It could be between 6 months or a year. The State would speak with your mother, as the victim and see her position on this as well, before offering a sentence.

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Customer reply replied 2 months ago
Since I am actively looking for ways to get away from her and looking to move out of her home and currently am staying at a safe place, will that help my case as well
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 2 months ago

It is not really relevant to what happened on the day of the alleged assault. It is not something that will help your case, I am sorry to say. Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

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Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 2 months ago

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

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Customer reply replied 2 months ago
It it usual for a first time domestic violence charge to include jail time
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 2 months ago

I am happy to still answer any follow up questions which you may have but just ask that you rate my help at the top at this time. We have been chatting online for almost two hours now, so thank you for understanding.

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Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 2 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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