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How can my boyfriend be released? What are the posibilities of him getting out at after 22 days in jail, has had court once.

Elgin, IL |

His next court is thrs. Im 35 wks pregnant, he slapped me 3 wks ago. I work but im already dialating & supposed to go on maternity leave. If i do so; ill have no income, ill loose our apt & end up in a shelter. How considerate will judge or state will be? His frst court date was 2 wks ago he has court again this week for bond reduction, his bond is 40,000. Will they even consider i bond? I need help! State wont let me remove charges; it wont make a difference. He cant plead not guilty bc theres pictures. He has no violence in his background. I provoked him to hit me bc of MY violent background. Answer please!!

Attorney Answers 4

Posted

If the state is proceding without you, there is nothing you can do. Maybe he can plead guilty and be released on CD or probation.

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Asker

Posted

Thank you; glad there is still some sort of way for him to be out this week...

Posted

There is no answer here for you. You are a victim of domestic violence and you are very very pregnant. That makes things worse for your boyfriend. Perhaps his bond can be reduced. If there are pictures, you were ore than "slapped." Reduction and release will be up to the judge. Not you are making excuses for him by claiming it was your fault. You need counseling as badly as he does and I hope you are able to get it. It is a sad situation for both of you as well as for your unborn child.

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Asker

Posted

Thanks Judy, I have recieved counseling since he has been gone. It is a very sad situation, mostly bc i am "blaming it on myself"... He has never hit me, i would always be the one hitting him but i dont want to say that in court. There was more then one slap, & i hit him but of course he didnt say i did bc im very very pregnant & ill be in jail too... is there any way of asking for alternative sentencing or modifying his release???

Judy A. Goldstein

Judy A. Goldstein

Posted

You are asking the wrong people. Your boyfriend has a lawyer. All those questions should be directed to his lawyer.

Asker

Posted

He does not have a lawyer; i have a great attorney that has helped me throught my whole life with all my mistakes but the problem here is even if he charges me the lowest price, i CANNOT waste that moneywhen it can go on food & bills. Im seeking help all over the place, i have no family, & he doesnt either.

Judy A. Goldstein

Judy A. Goldstein

Posted

He must have a lawyer. A public defender would have been appointed if he has no private counsel. Your private lawyer cannot represent your boyfriend due to conflict of interest,

Asker

Posted

Public defenders are no good, never can be trusted, they dont help... They are there to help get more money for the court. My private attorney Can indeed represent my boyfriend, bc i will hire him for my boyfriend. Last question, would it make a difference if he has had a DUI & they had let him be out & about... Obviously proves he can be "trusted". Since your a lawyer, maybe you can answer that?

Judy A. Goldstein

Judy A. Goldstein

Posted

I strongly disagree but you are entitled to you opinion,

Posted

It is very unlikely his bond will be reduced, absent new information. If he wants to get out, he needs to get his family and friends to foot the bond. Furthermore, hearing you say that it was your fault that he hit you is extremely worrisome. I recommend that you seek immediate counseling and find a new boyfriend asap. I've attached a link to a local organization for help.

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Asker

Posted

Thanks alexander, ive lived with him for way to long & he has never ever laid his hands on me. New boyfriend is definatly NOT the answer tho thanks.

Posted

Self defense is allowable in Domestic Charges. I have tried hundreds of domestic cases where there is a finding of not guilty when the victim is a women and the defendant a man. It comes down to you testifying that you were the initial aggressor. You need to insist to your public defender that you were the aggressor and as you said "provoked him to hit" you. Even if there are pictures, if he reasonably believed you were about to attack him he may, in some situations, strike first. If the prosecution will not drop the charges you must remember that you are under no obligation to cooperate with them, if they subpoena you then you will have to come to court and testify, but it is your choice to talk to them before the court appearance, or even in court prior to your testimony. I suggest you go directly to your boyfriend's lawyer.

I do note, that staying with a person who hits you just because of the financial hardship of not being with that person does not sound either healthy, or like a good idea.

Good luck.

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