QUESTION

What do I do if I don’t want him to go jail but am scared for my safety?

Asked on May 02nd, 2017 on Personal Injury - California
More details to this question:
I am a victim of domestic violence and my husband was charged with corporal injury to spouse and endangerment to children. He was in the jail for 6 months and the charges were to reduce to strike. He is out with a restraining order for 10 years and probation. I gave a victim impact statement to my DA to be read in the court on behalf of me. The VIS included the previous violence committed, such as choking by the defendant on me and how he had abused our children as well. On the day of the sentencing, the prosecutor for my case called me and told me that he wanted to ask me a few questions - and if the judge asked he would tell him that he spoke to me and I had given the answers. His question was, did I want my husband to go to the prison or probation? I asked him why he is asking me and he said if the judge asks he will tell him. I was not sure because my children and I are still trying to come out of the incident. I told him that I wouldn't like him to rot in the prison and do like a probation on him but I am also scared of my safety. I told him I don't know what I want or what to tell - and he immediately was screaming..."no you know what you want...you just said what you want..." I was shocked and taken aback. I did not feel good about it at all. I think this influenced the sentencing and my husband was out of the jail - although the violence for which he was convicted was too damaging - and the earlier ones too that I had mentioned in the VIS were heinous - like choking. I am not happy with the way I was dealt with by the prosecutor and want to find out if this did affect my husband's sentencing. I somehow felt that my case was undermined and a massive assault was put down as strike. At that time of plea bargain, I was (and am still) trying to gather myself from the incident and did not think too much about the reducing of the crime. I was told by the DA that a 3-strike law is much stronger than a felony.
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1 ANSWER

The conviction was not reduced to a "strike." A strike means a criminal conviction, with the sentence being increased with each strike. I do not understand why the DA would ask anything about your wanting probation or prison after he had already been sentenced to 6 months. It sounds as though he served his time in prison and was then released on parole. Even if the judge considered what you said in determining the sentence, you would not be able to find out whether that was a factor or not. You should seriously consider moving elsewhere so he can not find you or the children.
Answered on Jul 28th, 2017 at 8:33 AM

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