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My boyfriend, is looking at a 2nd dv, 1st child endang., I do not wish to persue charges, state is,am being subpoen, ....

Marion, OH |

Boyfriend & I are seeking family counseling, for us & our kids, we want to make things work been together 10 years, & have 3 children, one is 2 months old, boyfriend is not a violet person, this has only happened 2 times& he has never hit our kids, the child endan g. Is because kids were around the argument, would just like to know what I & he could do to not get in such a harsh punishment??? Please advise him & I we are both very.much in love & want to work things out for our family, especially the kids, thank you

Attorney Answers 3

Posted

Your boyfriend needs to immediately and privately consult with a criminal defense attorney. What he says to people and/or writes online can be used against him in court. He should not talk to you about the case, because you can be forced to testify against him in court.

Unfortunately for your situation, you don't really have a say as to whether or not your boyfriend is prosecuted. The government prosecutor gets to decide whether or not the case goes forward.

You should speak with the victim's advocate of the courthouse at which your boyfriend is being prosecuted to figure out how the case might be able to be resolved amicably. You could also consider contacting the prosecutor. With your encouragement, the prosecutor might reduce the charge to assault or attempted assault and your boyfriend may only be put on probation instead of going to jail if he accepts a plea bargain offer. A term of probation can be the taking of domestic violence classes and no further criminal acts.

Your situation is not uncommon. Many times the government gets involved when it shouldn't because a couple had a heated argument.

You should contact your own attorney--who practices in the area of family law--because CSB is almost certainly going to become involved since it has been alleged that your children were endangered.

Good luck!

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Posted

How could I go about or how could I convince them to reduce charge to assault or attempted assault?? I just really do not want him to go to jail or prison, he is the only one that works in our household, & I do....

Asker

Posted

Not want to put our children through their das being in jail or prison! I would just really love for it to all be dropped but, if the prosecutor wants to pursue charges, then I would really love to know how to get it dropped or whatever, to an assault or an attempted assault. Really do not think that jail or prison will help our family at all!

Asker

Posted

Counseling, classes, & probation I am fine with, because I think that would help a great.deal .... Not jail or prison ....that I think would be very very hard.& confusing to our 3 very young children, me & the father- my boyfriend in this case- really try hard to be good role.models for our children. Thank you again

Posted

These charges are very serious and unfortunately your input does not matter a great deal. If you truly want to help him and not have him go to jail or these convictions ruin his and your future you should hire him a really good criminal defense attorney. Good luck.

www.becklawofficellc.com
Dayton, Ohio Criminal Defense Attorney

The responses of Attorney Chris Beck to any questions posed on Avvo do NOT establish an Attorney-client relationship. Attorney Beck is available for private hire and consultation for a fee. Only after Attorney Beck is retained as counsel, or agrees to discuss this matter with you privately, shall he be legally deemed to be your Attorney. His responses herein are an attempt to assist persons temporarily based upon the very extremely limited amount of information provided by the questioner

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Thank you, & where could he find a very experienced & very good criminal defense attorney???

Asker

Posted

Thank you, & where could he find a very experienced & very good criminal defense attorney???

Christopher Lee Beck

Christopher Lee Beck

Posted

I always recommend hiring an attorney who is a member of the Ohio Association of Criminal Defense Attorneys. You can type your zip code into their website and find a member near you. http://www.oacdl.org/aws/OACDL/pt/sp/directory Good luck.

Asker

Posted

Thank you so much

Posted

The prosecuting attorney has the final say in whether or not charges are dropped, but you should nevertheless tell him (and the victim's advocate) firmly and in no uncertain terms that you believe that pursuing the charges is not in the best interest of you or your family, and that you are requesting that he dismiss the charges.

It is likely that children's services will become involved; be ready to fight in juvenile court to keep your family together. I agree with counseling, though; keep going, it will look good to the juvenile court.

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If I talk to the victims advocate that I do not think that it is in my family & I best interest to pursue charges, & request the charges be dropped, would/or could charges be dropped even though I am being subpoena to court within the next 5 days ???

John Maurice Holcomb

John Maurice Holcomb

Posted

Possibly, but it depends on several factors. You need to make your wishes known, and then let your boyfriend's lawyer do his job.

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