My brother was charged with DOMESTIC BATTERY - 1ST OFFENSE

Asked about 2 years ago - Surprise, AZ

He pled it down to breach of peace without fighting. The deal was 8months and he was to have no arrests, go to anger therapy. He never went to therapy and before the time was up he was arrested in another state and charged with kidnapping, strangulation and assault with a deadly weapon. They held him on high bond and he never made his way back to court for the final hearing on the first arrest. After a year they dismissed the 2nd case without prejudice (a witness issue I think) and so it sits now. He has a warrant out for his arrest in teh first state for not showing and that state prosectuor knows about the other arrest. I know he needs a lawyer, I urged him to go take care of it but he says as long as he does not show up in that state it won't be a problem. I don't agree.

Additional information

on the first charge in the other state it says DOMESTIC BATTERY - 1ST OFFENSE ADJUDICATION STAYED - He hurt his preggo girl and her 18 yr old son- but they dropped the charge against him for the girl because she didn't show for court. My bro has a problem. My wife says upcoming custody case in a 2weeks with a warrant on the first charge and history of violence he will be lucky to get supervised visits. He CANNOT AFFORD a lawyer, he keeps telling the courts he never hurt nobodynot true tho. i want him to come clean, he did it to his first girl, she got 3 prot. orders he broke, he has broken the 2 year this girl has includes their kids, stalking her and I am afraid he is gonna be back in jail. I love my bro and want him to see his kids and I want to see my neices too, but the girl won't talk to any family. What should he do? Will he get custody in 2 weeks?? If he is lying to the judges about never being arrested or hurting anyone and she has the photos/records what will happen?

Attorney answers (5)

  1. Adam Feldman

    Pro

    Contributor Level 12

    7

    Lawyers agree

    Answered . I couldn't agree with you more. Your brother needs an attorney. Anyone charged with a criminal offense needs an attorney whether it be a public defender or a private attorney.

    It is very likely that the prosecutor is going to want to go after your brother hard because of the out of state arrest. I understand that the case was subsequently dismissed, but the State will see that as a stroke of luck (not as a demonstration of innocence).

    The warrant for his arrest can be dealt with by an attorney filing a Motion to Quash Bench Warrant. The Judge would be very interested in knowing that your brother could not appear because he was detained in another state for a case that was ultimately dismissed.

    If you need additional information, feel free to call. Good luck.

    Adam Feldman
    602.540.7887
    afeldman@topazattorney.com

  2. Patrick S Sampair

    Pro

    Contributor Level 16

    3

    Lawyers agree

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    chosen by asker

    Answered . I agree with my colleagues here 100% with regard to his criminal issues, he needs a criminal attorney.

    With regards to the family court issues, what you “want” for your brother may not be in the children’s best interests. In fact, you make a great argument against him having an unsupervised access and you do clearly love your brother. I do not hold out much hope of him having unsupervised access to the kids.

    There may also be some options for court orders that allow the rest of the family the ability to have a relationship with the children, separate and apart from dad or perhaps as dad’s supervisors.

    If dad’s family court trial date is coming up quickly, dad and/or grandparents should seek immediate counsel with a family law attorney to get a good understanding of dad and the rest of the family’s options.

    To schedule a free consultation in MESA or GLENDALE/ARROWHEAD, AZ. Please give us a call at 480-636-1333 or 623-218-1000.

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  3. Craig S Orent

    Pro

    Contributor Level 16

    4

    Lawyers agree

    Answered . I entirely agree with the other attorney's answer. You certainly are concerned about your brother and want to help, but there is only so much someone can do in your shoes. He needs to seek assistance himself, and certainly a part of that is having qualified legal counsel. He has to start some where; the best place other than from within personally, is for him to have counsel tackle the pending warrant and begin to clear his legal matters up. I wish you and he the best of luck.

  4. Marc J Victor

    Contributor Level 9

    4

    Lawyers agree

    Answered . I agree as well, your brother needs to speak with an attorney.

  5. Kaitlin Sofia Verdura

    Contributor Level 12

    3

    Lawyers agree

    Answered . I agree with my colleague. It's best for your brother to retain private counsel to assist him with these issues. The outstanding warrant could be problematic in the future. Good luck.

    Verdura Law Group PLLC
    www.verduralaw.com
    602-421-0515

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