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I have a boyfriend that’s in jail right now for domestic…

Customer Question
I have a boyfriend...

I have a boyfriend that’s in jail right now for domestic violence and a felony for strangulation and its his first records ! He didn’t really chocked me his had his hand on my neck for 2sec

Lawyer's Assistant: Have domestic violence charges been filed? If so, when is the next court date?

Will I haven’t pressed charges ! But his court date is tomorrow he went to jail on the 31st

Lawyer's Assistant: In what state did the domestic violence occur?

Arlington Virginia

Submitted: 7 months ago.Category: Criminal Law
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Answered in 2 minutes by:
1/3/2018
Criminal Lawyer: Nisha Jones,
 replied 7 months ago
Nisha Jones
Category: Criminal Law
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good evening, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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Criminal Lawyer: Nisha Jones,
 replied 7 months ago

I'm sorry to hear about your situation. Give me just a few minutes to type up some information for you, thanks!

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Criminal Lawyer: Nisha Jones,
 replied 7 months ago

Again, sorry to hear about your situation.

Since the police were involved here and an arrest was made, the decision to proceed with the case and criminal charges now rests with the prosecutor.

That being said, you can let the prosecutor know that you do not wish to testofy or help with the case and that you'd like to see the charges dismissed.

The prosecutor still has a duty to proceed with the case if they have enough evidence, so it will depend on how much evidence they have without your testimony -- this could be photographs, video, or other witness statements.

If the prosecutor does not have enough evidence to proceed, then you can expect that the charges will be dismissed.

Your boyfriend should look into hiring a defense attorney to represent him in his case. If he can't afford one right now, then a public defender will be assigned to him at his first court date.

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Customer reply replied 7 months ago
Thank you can he get probation for this if I don't testify and if this his first record ?
Criminal Lawyer: Nisha Jones,
 replied 7 months ago

Traditionally under VA law a strangulation charge was punishable by a $xxxx fine and up to 12 months in jail.

Under new laws, a domestic violence strangulation is classified as a felony 6, making it punishable by 1 to 5 years in jail.

However yes, probation is also an option. Since it is his first offense, and if the prosecutor does not end up with very strong evidence against him, probation could end up being a likely sentence for him.

I hope that helps! Let me know if you still have any questions.

​Please take a moment to leave a positive rating for me, 5 stars are always appreciated, thanks!

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Criminal Lawyer: Nisha Jones,
 replied 7 months ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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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).

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