Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

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

Customer Question
My mother and I...

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

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

Ohio and sept 9

Lawyer's Assistant: Have you talked to a lawyer yet?

Pre trial is sept 9

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Oct 16 I mean

Submitted: 8 months ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 3 minutes by:
9/25/2017
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 8 months ago
CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 31,915
Experience: 10+ years defending Misdemeanor and Felony cases.
Verified

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

Ask Your Own Criminal Law Question
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 8 months ago

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

Ask Your Own Criminal Law Question
Customer reply replied 8 months ago
From what people are telling me, no
Customer reply replied 8 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 8 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.

Ask Your Own Criminal Law Question
Customer reply replied 8 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 8 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 8 months ago
if she doesn't want to testify, will they force her to testify?
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 8 months ago

What were the extend of the injuries claimed?

Ask Your Own Criminal Law Question
Customer reply replied 8 months ago
She is claiming I kicked her while incapacitated. Atleast That is what the police report says
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 8 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.

Ask Your Own Criminal Law Question
Customer reply replied 8 months ago
What evidence? She is trying to blame her bruises she already had on me
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 8 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.

Ask Your Own Criminal Law Question
Customer reply replied 8 months ago
No one was there that day to witness anything
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 8 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.

Ask Your Own Criminal Law Question
Customer reply replied 8 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 8 months ago
Is this true?
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 8 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.

Ask Your Own Criminal Law Question
Customer reply replied 8 months ago
Since you're an expert, what do most likely think will happen in this situation
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 8 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.

Ask Your Own Criminal Law Question
Customer reply replied 8 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 8 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.

Ask Your Own Criminal Law Question
Customer reply replied 8 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 8 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.

Ask Your Own Criminal Law Question
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 8 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.

Ask Your Own Criminal Law Question
Customer reply replied 8 months ago
It it usual for a first time domestic violence charge to include jail time
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 8 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.

Ask Your Own Criminal Law Question
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 8 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!

Ask Your Own Criminal Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a criminal lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask CrimDefense Your Own Question
CrimDefense
CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 31,915
31,915 Satisfied Customers
Experience: 10+ years defending Misdemeanor and Felony cases.

CrimDefense is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
I had a question about the gun laws in Minnesota. My father
Hello, I had a question about the gun laws in Minnesota. … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
I had argument with my dating at a parking lot so at the end
I had argument with my dating at a parking lot so at the end I followed him to his car and I have my feet on the door step driver side he told to. Move I didn't after that he move the cara de I was on… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was completely drunk on Saturday and my roommate was in s
Hi my name is***** was completely drunk on Saturday and my roommate was in his room. I went and was banging on his door to have him hang out with me. When he finally opened the door I lost my balance … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,631 satisfied customers
Lie number 1 made by the cop T.L on the police report he
lie number 1 made by the cop T.L James on the police report he said there were no kids at the home that was a lie my son was home lie number 2 made by the cop T.L.James he said i was drunk i wasnt dru… read more
Peter Griesch
Peter Griesch
264 satisfied customers
Detention under false pretenses, and false imprisonment.
I checked myself into the ER 3 days ago for an attempted suicide via overdose. However, I had aborted the suicide attempt shortly afterwards and performed an induction on vomiting at home. Nevertheles… read more
Expert
Expert
My daughter lunged at my son with a knife and was so agitated
My daughter lunged at my son with a knife and was so agitated we had to call 911. She reports often thinking of suicide and although she denied any intention at the time of the arrest (Domestic Violen… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
I was arrested in stafford Virginia sunday night for strangulation.
I was arrested in stafford Virginia sunday night for strangulation. My girlfriend n I admit ed it was doing sex. The cops said they didn't believe us and since there a commonwealth they dnt care and a… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
we were at my sons wedding reception everyone was drinking
we were at my sons wedding reception everyone was drinking and we were leaving when my husband kept talking outside the car. so i got irritated and pulled him in by back of pants as he kinda fell in t… read more
Estate Lawyer
Estate Lawyer
Attorney
Bachelor's Degree
164 satisfied customers
Michigan residence. I have a first offence domestic violence
Michigan residence. I have a first offence domestic violence charge. scuffle at the door trying to leave girlfriends house. she was drunk fell and hit her cheek on the table left bruise. police arrest… read more
Nate
Nate
Lawyer
Juris Doctor
1,736 satisfied customers
me and my girlfriend was drinking new years and we got into
me and my girlfriend was drinking new years and we got into a verbal fight she then hit me closed fist and i reacted when i came to i had her in a choke hold i immediately let go and she went to the h… read more
AttorneyTom
AttorneyTom
Lawyer
Juris Doctor, BSBA
1,242 satisfied customers
The synopsis My husband and I got in a heated domestic violence
The synopsis: My husband and I got in a heated domestic violence case in 2009(CO). The wrough of it was we're airsoft players (6mm plastic pellet gun stuff) and we were both arguing he had shot me in … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My husband was arrested for drunk in public right outside our
My husband was arrested for drunk in public right outside our house at 4am. When the police knocked on my door they asked if we had been in a fight earlier that day and also asked about bruises and cu… read more
Joseph
Joseph
Attorney
Doctoral Degree
7,245 satisfied customers
My wife and i got in an argument, and i walked away, she then
My wife and i got in an argument, and i walked away, she then hit me with an empty 8OZ water bottle, i yeild at her and she got scared and call the police. The police came and ask what happend, she re… read more
Dimitry Esquire
Dimitry Esquire
Attorney at Law
Doctoral Degree
113 satisfied customers
Sir. During a domestic dispute my wife pushed me out of the
Sir. During a domestic dispute my wife pushed me out of the bathroom. At the third push, as I resisted, she slipped on the woodfloor (since she was till wet from the shower) and she called the police.… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,631 satisfied customers
My wife and I were both arrested in arizona for domestic violence.
My wife and I were both arrested in arizona for domestic violence. The judge let us go on our own recognizance and set a court date. Are we looking at jail time? This was our first offense… read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
I was charged with domestic violence, 3rd degree assault for
I was charged with domestic violence, 3rd degree assault for a fight I got into with my boyfriend. We were both very drunk and he was the only one with marks at the time, so they arrested me. I called… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
I was arrested for the 1st time in my life for domestic violence.
I was arrested for the 1st time in my life for domestic violence. The incident occurred in the car with my ex-boyfriend-my son's father on Saturday. We were pulled over and the cops came up behind us.… read more
CrimDefense
CrimDefense
CriminalDefenseAtty
31,915 satisfied customers
A friend of mine is falsely accused of rape. The alleged vicitim
A friend of mine is falsely accused of rape. The alleged vicitim is claiming that she went to bed at 0830, fell asleep and at 0930 she found him on top of her and she immediately told him to stop and … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x