My husband was arrested and charged with a felony for domestic battery (felony because it was in the presence of our child). I, the victim, did not press charges-- the state did. I was not seriously injured, nor did he strike me (a scrape was the extent of my injury). Now we find out from his immigration lawyer that if convicted (or even plead out) he will very likely be deported. This was a one-time incident and we have been doing everything possible to work out our issues and get past this. Should I get my own attorney to advise me how to handle this? (husband's attorney can't discuss the case with me). What kind of attorney would I need? This just seems so unfair that I could lose my husband and our child could lose a father because of one mistake. I don't know what to do.
I"m not sure how the state could win at trial if they didn't have witness testimony to what happened. Guilt needs to be proven beyond a reasonable doubt. The criminal lawyer should know what evidence the state plans on relying on to obtain a conviction. Perhaps a written legal opinon from an immigration attorney as to the immigration consequences of a conviction to be given to the criminal lawyer to be used to negotiate with the prosecutor would be helpful. Often times when a prosecutor realizes they are going to destroy a family and don't have a good case they either dismiss the case or down file it.
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