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I was de-arrested and served arrest warrant later on the same charge (assault on family member)

Centreville, VA |

After heated fight, I hit my husband with mop stick 3 times for self-defense (my husband didn't hit me) a week ago. The police (2 officers) was called. I was arrested, but the magistrature denied my arrest for insufficient evidence. I was de-arrested, and the office told me this won't be in my record. Today I was served arrest warrant for the same charge filed by another police officer who was called a week ago. Can I be arrested twice for the same charge after I was de-arrested? Or, can I clear up this before the court date with magestrature's office?

Attorney Answers 2

Posted

You need to stay off the internet--you just admitted to domestice violence in writing..on the internet. This is an open website and the Commonwealth's Attorneys can use your own statement (admission against interest) against you.

Get yourself a criminal defense attorney IMMEDIATELY. Stay off the internet--when you do get that attorney, tell him/her about your mistake in posting your admission. Do not attempt to 'clear this up' yourself.

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice before the state and federal courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.

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Posted

You can be arrested again. The magistrate cannot do anything for you. Call and talk to a local defense attorney.

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