QUESTION
Should I continue to plead not guilty and accept nothing less than a reduced charge or full dismissal of the charges for domestic violence?
Asked on Jan 10th, 2013 on Criminal Law - Florida
More details to this question:
I have been charged with domestic violence and the state is picking it up after my live in girlfriend has told them she is not interested in pursuing the matter at all. In fact, she has sent them an e-mail explaining in detail that we both made mistakes that night and she does not want to see me prosecuted for the crime. Also I was leaving the residence when the police caught up to me and took me into custody. There were no real injury's to speak of. I have plead not guilty to the charges and the prosecutor is offering probation as I am a first time offender.
7 ANSWERS
Michael J. Breczinski
What should be worked out is a deal that if you take anger management classes then they end up dismissing the charges. There is a statute in Michigan that allows this.
Answered on Jan 21st, 2013 at 12:28 PM
Probation isn't a deal at all, because only people are are convicted of a crime gets probation. So by definition, the prosecutor wants you convicted, after which you will lose your gun rights for life and be forced to attend a 52-week DV class. Hire a lawyer before you get talked into a plea you will regret for life.
Answered on Jan 14th, 2013 at 5:46 PM
Criminal Law Defense Attorney serving St. George, UT
at
Edward D. Flint Attorney at Law
Update Your Profile
Domestic Violence charges are very serious and have dire consequences. You lose your rights to possess firearms and ammunition with a DV conviction as well as the stigma of being labeled a wife-beater. If you want to fight, you need a trial lawyer, not a talk-talk lawyer.
Answered on Jan 14th, 2013 at 5:46 PM
Thomas Edward Gates
Depending on the evidence the prosecutor has, it may not matter what "change in story" your girlfriend has. For Assault 4, all it takes is the prosecutor to show that there was an offense touching to the other party. Probation is a good deal, but you should ask for the charges to be removed after you have completed probation.
Answered on Jan 14th, 2013 at 5:45 PM
Criminal Defense Attorney serving Deltona, FL
at
R. Jason de Groot, P.A.
Update Your Profile
Go ahead, take your chances at trial without adequate counsel. The state has the ability to get a conviction even if the live in girlfriend refuses to show up and testify at trial. They will get what she said that night into evidence through the officer, probably, through an exception to the hearsay rule named "excited utterance." You really need to hire an attorney.
Answered on Jan 14th, 2013 at 5:43 PM
2 Awards
Get a lawyer. Don't plead to that it will come back to haunt you. Get a lawyer and fight it.
Answered on Jan 14th, 2013 at 5:40 PM
Criminal Law Attorney serving Altamonte Springs, FL
at
The Trabin Law Firm, P.L.
Update Your Profile
It is impossible to fully answer your question because I would need to examine all of the evidence (including police reports) and can't form a judgment based on what is written here. It is sometimes possible to prosecute a person even if the victim isn't cooperative and doesn't come to court, though it is difficult. Any observations by the officer, photos, 911 calls, and defendant statements may be admissible and could be enough for a jury to decide. While it is rare that a prosecutor would seek to have a victim held in contempt for not showing up, it is technically possible. Discuss these issues in detail with your lawyer.
Answered on Jan 14th, 2013 at 5:26 PM