Skip to main content

Can I reverse a charge, if the defendant comes forward and confesses they were lying?

Holland, MI |

I w ill make a long story short. After a night out, me and my wife came home. She was very intoxicated. She wanted to leave in one of the vehicles. I hid the keys. She calls 911. I didn't know she was talking to dispatch. She was previously talking to her cousin, about how I wont let her leave. I thought she was still talking to her cousin.I went to the phone in the living room, lifted the phone base to press the speaker button. We had installed internet filters for the phone lines.The tang that holds the phone line in place/connected to the phone base was broken during installation. So, when I lifted the base, the phone cord became disconnected. My wife comes to the living room and says "Why did you hang up the phone". I said I didn't, I lifted it to press the speaker button. I didn't even know the phone cord had become disconnected from the base. My wife says "I was on the phone with 911". I was like "What, why, what for", I told her to call them back. She uses her cell phone. The cops are already on their way, they want her to stay on the phone, she says everything is fine, and hangs up. They call back, she doesn't answer.The cops show up with shotguns, ask me to come out side. Asked me whats going on, the dispatch said they heard a struggle.I told them the situation.They went inside, talked to my intoxicated wife. Tricked her into writing a statement by saying, "You should fill out a statement, because you will want to protect yourself, your husband is filling out one now." Which I was not.So, with her being intoxicated, she writes all kinds of outlandish stuff. Just know that I was being charged with Domestic Assault and Interfering with Communication(2 year felony). They took me to jail. My wife had her mom bail me out the next day. I wasn't sopposed to have contact with my wife. We did anyway like most do. Well, at the time I couldn't afford a lawyer, had to go with a court appointed lawyer(who didnt do anything).He immediately said your screwed with your wifes testimony, here is the plea bargin. Take "Domestic Violence". I said that my wife would be testifying on my behalf. That she was intoxicated, and everything she wrote was untrue. Fast forward to Preliminary.My wife meets with the state prosecuter, tells them that she was drunk and wrote false stuff. They think she is just defending me, and pull the, "We understand you may be scared, but it will just happen again if you dont do this, it will not stop, he will keep hitting you." But she assures them that if anyone has ever did any type of hitting, it was her hitting me, that I would never hit her.My lawyer doesn't show up, so they throw me someone else. He spits out the Plea "Domestic Violence" I say Im in the military and it will hinder my being able to hold a weapon, causeing discharge from the military, Im fighting the case, my wife is testifying that everything she wrote was untrue. The new lawyer says, well, then she will be charged with false info and more. So the new lawyer goes back and tells the state prosecuter that their witness,(My Wife) will be testifying on my behalf. Which they allready know at this point, because she is sitting right there telling them. My new lawyer tell them the same, so they come up with a new bargain. Either we go to court, fight and win, but my wife gets charged with Falsifying Police Documents..Or I take a "Disturbing the Peace" charge. "Disturbing the peace" is cheaper,fast way out of all this, so I take the bargain. Go in front of the judge, (during the preliminary), judge doesn't even have a clue whats going on, looks over the papers quickly. "Your getting a good deal here Dominick" and a speech. Then she reads the charge, but its "Drunk and Disorderly" hmmm, I look at my new court appointed lawyer, he says "no contest", so I say no contest. Done deal, I pay $320 in fines. Now, I can afford a lawyer, my wife wants to come forward and tell the truth. What can we do?

Attorney Answers 2

Posted

Your case is over. You plead no contest and were sentenced. There is no reversing this. If this is your only offense ever, you can move to set it aside 5 years from now under an expungement. Otherwise, there is no out from my knowledge and experience. www.kliszlaw.com Tim Klisz

Mark as helpful

Posted

If your plea was taken fairly recently, you do have the option to file a motion to withdraw your plea if you can convince the trial court that your plea was involuntarily given or that it was taken in violation of the rules. I would need to see the transcript of your plea. I have had some success in getting pleas set aside that were not properly taken pursuant to the Michigan Court Rules. Get a copy of your plea hearing from the court reporter for your judge. Let me know if you have any further information to provide.

Mark as helpful

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics