QUESTION

I was arrested on D/V charge, if I plead guilty will I get jail time?

Asked on Jan 10th, 2013 on Criminal Law - Florida
More details to this question:
It’s my first offense on anything. I have three small children, and if I go to jail they will have nowhere to go. Could I get probation and anger management classes? And no jail time? Please someone help me with this.
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9 ANSWERS

Michael J. Breczinski
In these type of cases often a deal can be made for you to take anger management. Classes and end up with no record. Get a lawyer.
Answered on Jan 17th, 2013 at 11:26 PM

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Jail should be the least of your concenrs. If convicted you will lose your gun rights for life, be forced to attend an expensive 52-week class, and have a criminal record. Hire a lawyer before you get talked into a plea you will regret for life.
Answered on Jan 15th, 2013 at 12:50 PM

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Immigration Attorney serving Salt Lake City, UT
Partner at Natty Shafer Law
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Yes, it is likely a judge will suspend any jail time so if you are not convicted of any more offenses, you will not go to jail. Usually you will be required to take a course and possibly do community service.
Answered on Jan 15th, 2013 at 12:50 PM

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Thomas Edward Gates
You will not go to jail on a first offense. You will need to be screened for a alcohol or drug problems and attend any training, if so. You will need to attend an anger management class, do community service and pay a fine. You should try to get the D/V dropped, since this will work against you in the future.
Answered on Jan 15th, 2013 at 12:09 PM

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Criminal Law Defense Attorney serving St. George, UT at Edward D. Flint Attorney at Law
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In Salt Lake County, jail is less likely than other counties, but generally, first offenders are given probation and a number of classes to take and fines to pay. You will lose your right to possess firearms and ammunition for a DV.
Answered on Jan 15th, 2013 at 12:09 PM

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Technically, the judge could sentence you to jail time. However, there are many, lesser options other than incarceration that could be part of your sentence. Probation and anger management classes are some of those other options. The job of an attorney would be to try to convince the judge to steer away from jail time and order something lesser. Any attorney may even be able to negotiate a deferred sentence for a domestic assault charge, where, with a successful probation term, the crime would stay off your public criminal record.
Answered on Jan 15th, 2013 at 12:08 PM

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Criminal Law Attorney serving Altamonte Springs, FL at The Trabin Law Firm, P.L.
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The minimum requirement is 1 year of probation with the Batterer's Intervention Program, however you should not plead guilty, at least not yet. Do yourself a favor and hire an attorney. You might be eligible for a pretrial diversion program, which is a lot like probation except the charges get dropped.
Answered on Jan 15th, 2013 at 12:07 PM

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Criminal Defense Attorney serving Moses Lake, WA
Partner at Patrick O. Earl
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Don't just plead guilty to this type of charge. There are important side effects to a DV charge that you need to talk to an attorney about, especially if you are not a US citizen. If you are you still need to talk to an attorney because you lose you right to possess a firearm with this type of charge. Additionally, it will hound you for a very long time and stop your ability to have certain jobs etc. Talk to an attorney today.
Answered on Jan 15th, 2013 at 12:06 PM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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You would probably get probation and anger management classes.
Answered on Jan 15th, 2013 at 12:06 PM

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