QUESTION
What can happen in court for a first domestic family violence charge? Does she need a lawyer?
Asked on Apr 24th, 2013 on Criminal Law - Rhode Island
More details to this question:
My friend got into a huge fight with her boyfriend. She is currently in school and she lives in an apartment/dorm that she pays for and everything is in her name. She called the police after getting thrown out off her room with no clothes on and she got arrested because he was there with her in her apartment for more than 10 days and this is considered him actually staying there. And since he is considered to have stayed with her, she was charged with domestic family violence. She stayed in jail that Sunday night until Tuesday evening when her mother bailed her out. The 1st appearance judge said that he wouldn't send her to anger management classes.
8 ANSWERS
Michael J. Breczinski
She should get a good lawyer to fight these charges. If she did nothing wrong then she should be found not guilty.
Answered on Apr 30th, 2013 at 2:42 AM
If convicted of DV, she will lose her gun rights for life, and be forced to attend a long and expensive 52-week DV class, not to mention have a criminal record. She needs to hire a lawyer before she gets duped into a plea she will regret for life.
Answered on Apr 29th, 2013 at 12:23 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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If the charges are filed as a misdemeanor, she is looking at a potential jail sentence of up to one year. If it is charged as a felony, the potential jail sentence is 1 to 3 years. Anytime there is a possible jail sentence, you need an attorney.
Answered on Apr 28th, 2013 at 9:49 PM
William A. Siebert
You need to at least talk to a lawyer. He will explain the consequences of a criminal conviction, which this is. He will also get the boyfriend's side of the story. very important.
Answered on Apr 28th, 2013 at 9:42 PM
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Yes, I would strongly recommend she retain an attorney. A conviction of domestic violence carries significant penalties with it, in addition to the stigma it carries with it.
Answered on Apr 28th, 2013 at 8:54 PM
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She needs a lawyer - I would be happy to discuss representation DV is not an easy case for 1st time offenders to understand fully - there are lots of unforeseen consequences - she may need someone to help her make decisions other than just court decisions.
Answered on Apr 28th, 2013 at 7:59 PM
Thomas Edward Gates
We are missing some of the details on what took place and, why she was arrested. If there was a dispute on living arrangement, that is a civil matter, not criminal. The fact that the judge did not require Anger Management class is another piece that requires more information. She may need an attorney, but again need more information.
Answered on Apr 26th, 2013 at 1:34 PM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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Have her hire a lawyer
Answered on Apr 26th, 2013 at 1:33 PM