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I have a few questions. I live in Alabama and the state, not…

I have a few...

I have a few questions.

Lawyer's Assistant: In what state did this occur?

I live in Alabama and the state, not my wife accused me of domestic violence 3rd degree. I have a jail date in june. I wanted to know what to expect and what my possible options are.

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

Only the public defender when I was in jail over night and it was briefly

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

I need to set up an appointment to speak with one.

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Answered in 5 minutes by:
3/14/2018
CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 32,330
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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Is the case over with or still pending? Does she want to cooperate?

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Customer reply replied 4 months ago
Ok, the case is still pending. I don't belive she will testify against me. She did not press the charges the state did. What are my options going forward? What should I expect?

Thank you. The case depends on her. 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
Ok, I am the accused, my wife is the alleged victim. She will not testify against me. As far as I know now. What are the odds of getting it thrown out?

Good, if there were no witnesses and she fails to appear at trial or cooperate.

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Customer reply replied 4 months ago
There were the neighbors who called the police, I don't know if they would get summoned or not, what do you think? Even then I was not aggress to her in front of them, the incident occurred in our home.

I do not. If they did not actually see anything and she fails to appear and testify, I think the case should get dismissed.

CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 32,330
Experience: 10+ years defending Misdemeanor and Felony cases.
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Customer reply replied 4 months ago
you have been a big help I will discuss this further with you over the next couple of days. Thank you sir.

My pleasure

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Customer reply replied 4 months ago
Ok, so no one but my wife was inside to see the incident so proof beyond a reasonable doubt is out. I spoke with a local def lawyer and he thinks if my wife goes in and says it was a mutual fault situation and she doesn't want to press charges that it should be dismissed what do you think?

It is certainly possible but they need to believe her and not think she is trying to say this, just so they do not prosecute you. She can try this and see what they say and if they do not dismiss it, then proceed as I shared above.

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Customer reply replied 4 months ago
if they don't believe her what is the next step?

You need to fight it and contest it and they will need her cooperation, as I shared above.

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Customer reply replied 4 months ago
I can't afford to goto jail and lose my job, would the ability to provide for my family be taken into consideration?

If you take a plea deal or go to trial and lose, it could be a mitigating factor. If you just want to resolve this, you can take a plea deal and see if they will offer probation.

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Customer reply replied 4 months ago
Then it goes on my record and damages future job opportunities. Is their a way to have it expunged post plea deal? By trial you mean like jury and all?

Unlikely that this can be expunged but as I shared, if she does not cooperate or appear and trial, it should be dismissed.

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Customer reply replied 4 months ago
Ok, I just am very concerned about it. As I am sure you deal with these kinds of cases often.

I know you are and that is normal and you really want to retain a criminal defense attorney to represent you, who has experience with this and can handle it.

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Customer reply replied 4 months ago
I was told there are so many of them that it mostly esp with a first offense you will get a suspended sentence pending anger management classes completion etc.
Customer reply replied 4 months ago
I have. He is working with me just like to have a second opinion. As well.

Of course. The suspended sentence may be an offer that is made by the State and if you think it is in your best interest, you can accept it. However, if I knew my wife would not cooperate or appear at trial, I would set it for trial ASAP and force the State to act and find her.

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Customer reply replied 4 months ago
We have a date set to June but my lawyer said we could not move it up bc it is in municipal court.
Customer reply replied 4 months ago
I wonder is it possible to get an affidavit from my wife and submit a motion to dismiss prior to the trial date?
Customer reply replied 4 months ago
What does a suspended sentence mean? Is it a conviction?

It means that if you comply with the terms and conditions of it, the case may be dismissed. It should not result in a conviction.

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Customer reply replied 4 months ago
Ok, what do you think that after a dismissal is my best option?
Customer reply replied 4 months ago
I did rate you 5 stars thank you for taking time to speak with me.

It would be if she cooperates and you think she will appear at trial.

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Customer reply replied 4 months ago
She said she wouldn't cooperate with them.

If that is the case, you may not want to accept any type of deal or suspended sentence, since the end result will be a dismissal by them, without a victim.

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Customer reply replied 4 months ago
That is her own choice if she wanted to press charges she would have when the incident occurred and likewise I could have as well. It was an unfortunate situation all the way around. I have been in AA everyday since and have a sponsor and am diligently working the program as well.
Customer reply replied 4 months ago
Thank you.

My pleasure.

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Customer reply replied 3 months ago
Hey, so DHR called my wife and left a VM. My son was in the house during the incident do you know what we should expect?

They want to investigate and speak with her, to see if he saw this and witnessed it, I presume.

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Customer reply replied 3 months ago
Right, and what could the results be if he does say he heard or saw?

It depends on the actions of your wife, as they may assume she is cooperating and will take your son and CPS can order that visitation be supervised. You need to speak with your attorney about this, this morning and let them know.

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Customer reply replied 3 months ago
She is cooperating with who them or me?
We are divorcing amicably and want shared custody

Them and the State.

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Customer reply replied 3 months ago
How should she respond to them if she doesn't want me to be kept from our son?
Tell them we are divorcing I have moved out and am in treatment?

They do not care about that and care about if the alleged violence took place in the presence of the child.

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Customer reply replied 3 months ago
Ok, so SHE should not speak with or cooperate with them? Does she have that choice?
Customer reply replied 3 months ago
Should I be present?

It is at her discretion. If she does, this may cause more issues.

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You must rely on the advice of your attorney. They will tell you what to do and what you should or should not do.

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Customer reply replied 3 months ago
Ok. Thank you

You are welcome

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