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

Asked over 1 year ago - 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)

  1. Melissa I. Smejkal

    Contributor Level 18

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    Answered . 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.

  2. Judy A. Goldstein

    Contributor Level 20

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    Lawyers agree

    Answered . 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.

  3. David Scott Olshansky

    Contributor Level 12

    Answered . 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.

  4. Alexander Mchenry Memmen

    Contributor Level 15

    Answered . 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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