Hire a criminal defense attorney to review the information you have to prove that he has an alibi.... that he was in Jail when the offense allegedly occurred. That attorney should take the necessary steps with the State Attorneys Office or the court to either have the charges dropped, dismissed, or not filed at all. If you c an not hire a private attorney you need to get the information to your husband's public defender, if appointed. Either way, communicate!
It may still be possible to stay in your home. It is also possible that the lawyer you saw had it right and you will eventually lose your home. There is just not enough info here to really give you a good analysis. You should see more attorneys and show them the documents filed in your lawsuit. If the right angles are taken you may be able to settle the case with a permanent modification through the courts, or even a chapter 13 bankruptcy. I do practice this in New Port Richey and offer free...
I agree with Mr. Katz, except that you already indicated that it is being charged as a misdemeanor. So, now you need to look at the charging document, (information) to determine how exactly they are charging it, you also have an elevated blow, so it appears that you need to begin mitigating with an attorney as soon as possible.
First, I am sorry to hear about your loss-
As for the question- It depends on what you want to do with the properties. In either event, you will not be personal liable for any monetary damages.
Call my office for more information.
At first glance, forced entry into a residence, violent crime involving strangulation, injuries, restitution, prior felon.. I would imagine he would at least score prison. If not a lot of prison, possibly a mandatory maximum sentence dependng on his priors, whether he did prison time before and how long ago he got out.
Please contact a criminal defense attorney as soon as possible. I offer free consultations.
It really is a case by case decision to be made. Depends on what charges he is facing in each county, where his defense attorney can see him more efficiently, Where he lives in relation to where he is now incarcerated , whether he will skip out on the bond, what potential punishment he is facing, etc. If you just want the person out as soon as possible then bond him or her out on both cases in the county where he is.
It depends on many factors, including what terms of your probation you have completed so far, the way or ways in which you violated, the Judge, the State, what your chances of further rehabilitation outside of prison or jail is. You need to sit with a criminal defense attorney familiar withthe Judge you are assigned to and go over everything before a good answer to this question can be answered.
He will probably be charged with petit theft under $100, a second degree misdemeanor. The maximum penalty is 60 days and a maximum of 6 months probation. It is unlikely that he will receive the maximum. PTI might be an option. I can sit with you and your sonand talk about the realm of options available to you. My consultations are free.