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My husband was arrested on Saturday for simple assault

Customer Question
My husband was arrested...

My husband was arrested on Saturday for simple assault domestic in South Dakota

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

South Dakota. Saturday March 10, 2018 He is out on a PR bond. I just found out I am pregnant.

Lawyer's Assistant: Has anything been filed or reported?

I did call the cops he was arrested.

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

My question is being pregnant very early along if I take him back and he does something to me to harm the baby would there be legal issues for me?

Submitted: 4 months ago.Category: Criminal Law
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Answered in 45 minutes by:
3/13/2018
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 4 months ago
CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 32,372
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 4 months ago

Good morning. Do you want to see him prosecuted?

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Customer reply replied 4 months ago
I’m not sure.
Customer reply replied 4 months ago
I want to see him get help
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 4 months ago

Thank you. You need to decide if you want to cooperate and for the State to prosecute him. Even if the charges were dropped and something were to happen later, you would not get in trouble. As the victim, you do have a right to speak with the prosecutor assigned to the case about this and express your wishes that the charge be dismissed. It is possible that they will allow you to fill out a waiver of prosecution, to show you do not want them to proceed. However, the decision is always up to the State. I say this because this is a crime against the State and they represent your legal interest as the victim. If they want to proceed, they can and then their ability to win at trial, will likely come down to your cooperation and if you appear and testify against him. As the victim, they would need you to testify against him and if that does not happen, they would have a hard time proceeding and proving the charge beyond a reasonable doubt.

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Customer reply replied 4 months ago
Can I ask that the charges be dropped with conditions of therapy and anger management?
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 4 months ago

That would be something that he would need to agree to as the defendant AND something which the State has to offer, with a diversion type program. You can certainly speak with them and express your wishes, as the victim but they have the final see and he needs to agree to this and not want to fight it.

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Customer reply replied 4 months ago
What is the typical no prior criminal history, stable consequences?
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 4 months ago
Depending on the alleged violence a plea deal could involve probation and anger management as well as therapy and a no contact order against you.
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Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 4 months ago

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