My bf and I got into an arguement and someone called the cops. Now My bf is being charged w/domestic violence to the 4th degree and violating the peace. I can't exactly remember if I touched him by moving his hair back during our argument or not....
It can be very helpful for your boyfriend's case to say what really happened. The prosecutor isn't going to go out of his or her way to learn the truth unless the case is confirmed for trial. You will want your boyfriend to get an attorney to help him. A Domestic Violence tag can be very detrimental for a person to have. I've never seen a prosecutor go after a person for recanting a statement. If there were flat out lies told to the police it is possible for you to be charged but like I said, I've never seen it.
That being said the prosecutor is not going to believe you. Recanting a statement is very common. They generally take the stance that you are only recanting because you are afraid of your boyfriend due to past violence and you are afraid of what he'll do to you if you go forward with this. It's hard to advise without knowing what statements you made or what the police report says. However, he needs a lawyer even a public defender but don't let him go it alone.See question
Just curious if I need to get some last minute affairs in order, I'm on probation for misdemeanor MIP. I have finals in college next week so I am hoping I dont.
Usually not. Make the preparations just in case. Any time you walk into a courthouse when you have an active warrant jail is a possibility. If this is the first time you missed court and have come in quickly then you should be fine. Here's what the judge is likely to consider when deciding to book you or not: 1) How many times have you missed court on this cause number? 2) How long have you been out of warrant? 3) How many times have you gone to warrant on different cases? 4) How serious is the nature of the probation violation?
In general if this is just an MIP and you don't have a lengthy criminal history and you haven't been on warrant status for a long time then you should be fine. However, you should still make arrangements with friends and family. Let someone know that if they don't hear from you by a certain time that they should come bail you out. Maybe talk to a Bail Bond company ahead of time. It's hard to know more without seeing your file and history.See question
A friend's daughter was with three friends in the girls bathroom at school. Two girls went outside and the other friend lit a match and threw it in the trash can. The daughter didn't see any flame and figured it went out. It flared up and set off ...
I have people come in to see me with this type of thing, not with arson in particular, but with possible potential charges. I will tell you what I tell them. First, get an attorney to call the officer. These police officers are very good at getting information. Remember that their job is to build a case not just to figure out what happened. Having an attorney return the call can let them know that you are taking the matter seriously and also lets them know that they won't be able to play any of the usual games. Sometimes it can even be as brief as saying I am an attorney, I represent this girl, she will not be making any statements, if you have any further questions please direct them to my office. Police often lead people by telling them they are just gathering information and let's do this the easy way and not the hard way. Do it the hard way. Always. Make them get a warrant. I even have the officers come in and have the meeting in my office so I can moderate and tell people not to answer certain questions. Even if everything happened exactly as you say there can be potential accomplice liability. These charges are felonies and not to be taken lightlySee question
Driving in freeway and guy in motorcycle was swerving through heavy traffic. In one instant he cuts us off and my husband almost hits the median. We were with our 4 children. When my husband freaks out the guy yells at us "F you beaners!" then kep...
I agree. This is at least a Reckless Driving and sounds like Reckless Endangerment. The 911 operator is not the King of the Universe and doesn't control what crimes people are charged with. Try calling the police on a non-emergency line to report a crime. That way you can skip the 911 operator and go straight to the police. This sounds like a hate crime which are taken seriously in this state. Give them all the information you have including a license plate number if you have it.See question
In 2006, I was very intoxicated and hit an officer. I woke up in a padded room in jail with an angry officer telling me I have a $75,000 bail and I asked for what and than he told me. I had no idea what I had done, it definitely was not knowingl...
I'm very sorry but this can't by done by the numbers. It sounds like you took a fast-track offer to get out of jail as quickly as possible. Doing that comes with terrible consequences. There are a couple of types of crimes that can't be vacated and, as the other attorneys have told you, yours is on that list.
The only way to get this done is through the back door. There are ways to withdraw a guilty plea but again that is nearly impossible. I have once and ONLY once, convinced a prosecutor to agree to withdraw a guilty plea and enter a plea to a new amended charge and was able to get the judge to agree as well. In my case the poor kid plead guilty without a lawyer at his arraignment and got a really bad and unfair deal. The supervisor was even a little angry that one of his prosecutors hadn't made the kid a better deal. My case was a misdemeanor and I had a good story to tell. So, to leave you with a little light at the end of the tunnel it is theoretically possible but it's possible in the same way that winning the lottery is possible. It is EXTREMELY unlikely that anything can be done in your case. This is why you don't plead guilty to the first thing that comes your way to get out of jail.See question
I have 3 misdemeanors a theft3 and tresspass1 from one case. The second case is posess cont substance. Im not eligible to have them vacated, which means there are on my record forever. Can i have them sealled so i can successfully pass background ...
It depends on why you are ineligible for vacating. Often it depends on time limits and time spent in the community without committing new crimes. Vacating is really the only option. You can't just seal the record. What you need to do is get yourself eligible for vacation. Vacating multiple charges becomes a lot more difficult. If it is two misdemeanors on the same cause number and one felony it might just be possible. This is not easy but you should be eligible to have them vacated at some point. Sit down with a lawyer and get a checklist of what you need to do. Usually it means, 1) pay off every cent of fines and restitution that is owed 2) Wait a certain number of years. without committing new crimes Every case is different but often that is the hold up. It's worth sitting down with somebody because it might not be as hopeless as it seems.See question
A little background about myself. I joined the Marine Corps when I was 18 and got out after 4 years under an honorable discharge. I went to collage and graduated with hours with a bachelors degree in business. Afterwards, I applied and was acce...
You can have your felony vacated. There is a list of requirements that you have to meet. You have to have completed all of the sentence which means not only the jail is completed but that every cent of the fine is paid. You have to have a certain number of years in the community with no new criminal charges., etc. It is worth while to sit down with a lawyer and go through the checklist to see if you are eligible for a vacation.
As far as getting your felony reduced to a misdemeanor that is very unlikely. Typically that is worked out with the prosecutor before you plead guilty. Once you plead guilty it is very difficult to withdraw. The prosecutor is in charge of what you're charged with. So getting the reduction is not likely at all and is nearly impossible.See question
the personal claiming these false accusations suffers from psychosis
You can absolutely be charged with a crime based on a false accusation. You should get an attorney to help you through this. This happens all the time. To be charged with a crime only takes probable cause and that is a very low standard. It is unfortunate that a false accusation can carry that much weight and can make such a mess for you but that is the situation. This is a long and difficult process. It is not just going to go away. The prosecutor will likely not look to deep into this psychosis issue without a lot of prompting. Good luck.See question
and all resolved soon at trial). But her 16th birthday is Thursday. 1. Will I get in trouble for sending her birthday presents to her address? 2. Will I get in trouble for sending flowers and balloons from a florist? 3. Will I get in trouble for s...
I would save the birthday presents and phone calls until after it is resolved. Usually these orders say no contact even through a third party. A present even sent through a florist can be considered contact. Imagine if you had an order protecting you from a creepy stalker. Would you consider it contact if he sent you flowers? Would you think that he should be arrested? I know this situation is really hard but any of the things you mentioned could be seen as a violation. Even if you think you aren't violating it and even if a closer look at the order doesn't prohibit this you might still get arrested, go to jail, have to bail out and then defend yourself in court. Even if you could get the charges dropped eventually that is a huge drain on your time, energy and money. DO NOT do it. Just don't. Unless the order specifically allows for telephone contact don't call. A note would certainly violate the order and give them physical evidence. Get this resolved in court first and explain this to your daughter later. This will be a good excuse to spoil her a little bit when you make it up to her. If she's going to be 16 then she's old enough to understand this.See question
perjury falsifying documents. I submitted all this in declarations and exhibits before noon today 2 days prior to trial and I confirmed hearing. Do I have to send my additional evidence to the other party as well?
Yes. Any time I am going to bring up anything in court I make sure that the other side has a copy of it. If they don't get it they can ask for a continuance to review the documents and the judge will certainly grant that request. You don't want to have to keep coming back to court for the same thing.See question