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RobertJDFL, Attorney
Category: Legal
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Experience:  Experienced in multiple areas of the law.
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my husband was arrested in new mexico for aggravated battery

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my husband was arrested in new mexico for aggravated battery (3rd degree felony) and tapering with evidence (4th degree felony), I made a statement and the police took pictures. I did not press charges, he was still arrested on a $60,000 bond. Can and will the state prosecute him without me testifying. He has 2 prior felonies on his record one grand theft auto and receiving stolen property in excess of $10,000.
The state can decide to move forward with the prosecution of a case if they feel there is enough evidence to sustain a conviction even without you (e.g., other witnesses, or the photographs). Will they prosecute? Unfortunately, that's a question no expert can answer, because it's a decision that only the prosecutor can make in reviewing the file. However, it has been my experience that where a victim does not wish to cooperate or move forward, a prosecutor will decide not to proceed. You can certainly call the prosecutor's office and tell them that you don't want any charges brought against your husband and see what they tell you.

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Customer: replied 7 years ago.
if they proceed should we get a lawyer and if so what kind would you recommend. If he where to enroll in some counseling or beforehand would that benefit our case. Also what else would you recommend we do for this case.
If they do decide to press charges, he'll want to find a criminal defense attorney to represent him. Anger management classes and even couple's counseling can look very good to a court because it shows initiative and that he is seeking to address the issues. I mention couple's counseling because it can show the court that you are working on any issues in your relationship but that you do care about one another and support one another.

The most important thing I tell people though is to not discuss the matter with anyone but your lawyer or his staff without otherwise speaking to your lawyer first. Don't make any other statements to the police, don't volunteer to answer questions, etc. Let your lawyer work for you.
Customer: replied 7 years ago.
When I call the prosecutor's office what do I need to tell them without going into to much detail that might hurt the case.
Well, I wouldn't tell them anything that's outside of what you told the officer (which is likely in the police report).

I would keep it general -you and your husband got into an argument and while things did get heated, you only called the police because/the police were only there because "X" (you wanted them to make him leave the house for the night, whatever). You can tell them that you never wanted your husband to be arrested and that you feel it was a misunderstanding, that your husband has committed to getting counseling, and that you don't want to see your husband prosecuted for this because it will only hurt both of you.
Customer: replied 7 years ago.
Well heres the full story my husband had been drinking to much at a birthday party. We went to bed and he woke up in the middle of the night and started yelling and hit me so I grabbed a knife to protect myself and he grabbed it and got cut. Then he called the cops because of that and ended up getting taken in for hitting me. so now can you re-answer the previous question? Sorry for taking so much of your time
You can say that this arrest came about as a misunderstanding. You and your husband had both been drinking heavily, and argued. During the argument, he somehow ended up hitting you. You reacted by grabbing a knife, and when he went to take it from you, he cut himself. It was your husband who called the police but it was never either party's intent that the other person go to jail. You told the police you didn't want to press charges, in fact (if you did). I think you can still say the rest about him going to counseling and that his being prosecuted for this would only hurt both of you and not benefit anyone, and that you aren't afraid of your husband.
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