My girlfriend was charged with assault DV4 she is on a 5 yr probation for a DUI, is she facing jail time?

Asked over 3 years ago - Marysville, WA

She was charged with assauld DV4 by the prosecutor. Even though nothing happened they did not take my word into concideration and proceeded with the charge. Our main concern is her facing jail time, is there a way to avoid that and get the charge completely dropped??

Attorney answers (5)

  1. Brian Charles Ashbach

    Pro

    Contributor Level 11

    1

    Lawyer agrees

    Answered . She is facing significant jail time on the probation violation, as well as jail time and loss of important rights (firearms, etc) if convicted for a DV offense.
    There may be a way to get the charge completely dropped, but it would be very fact-specific.

    Contact an attorney who is familiar with your local courts and is experienced in these type of cases.

    Click on the link below for more information.

  2. Lewis Dallas Keikialii Cooney

    Contributor Level 8

    Answered . There are two parts to your question. Assuming you mean your girlfriend was charged with Domestic Violence Assault 4th Degree, she is facing a potential jail sentence of up to 365 days on that specific charge. Regarding the probation for DUI, she MAY be facing a probation violation and potential jail if the conditions of her probation prohibited her from being charged with a new crime. She should refer to her original probation order from the date of sentencing on the DUI to verify.

    I strongly encourage her to speak with the attorney who assisted her on the DUI charge as soon as possible.

  3. Yevgeny Jack Berner

    Pro

    Contributor Level 15

    Answered . Possibly. If she's convicted of the DV4 (or even just based on the charge alone), then she has violated her probation on the DUI (how long ago did she plead guilty on that?) and they can punish her on that earlier charge accordingly (including possible jail time). This is in addition to any jail time and/or fines she faces with respect to the current charge. Your girlfriend needs an aggressive criminal defense attorney right now. Feel free to have her call our office right away for a free, no obligation consultation with an experienced and aggressive criminal defense attorney to go over all the possible scenarios. We are located in downtown Everett and work in all Western Washington courts, including Marysville Muni, if that's where her case is being heard.

    Jack Berner

    DISCLAIMER: This answer is provided for general educational purposes only. By using or participating in this site you agree and understand that there is no attorney client relationship between you and the attorney responding, and no attorney-client confidentiality. The law changes frequently, and varies from jurisdiction to jurisdiction. The information provided in this answer is general in nature and may not apply to the factual circumstances described in your question. The applicable law and the appropriate answer may be different in the State or States where the relevant facts occurred. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.

  4. David Nelson Jolly

    Pro

    Contributor Level 13

    Answered . Hi. Sorry to hear of your girlfriend's situation. Technically most judges will follow the a new violation of law will result in 30 days of jail.
    The law reads: RCW 46.61.5055 11(b) For each violation of mandatory conditions of probation under (a)(i), (ii), or (iii) of this subsection, the court shall order the convicted person to be confined for thirty days, which shall not be suspended or deferred.
    That being stated, because your girlfriend was charged does not mean she is guilty. Obviously she must fight the DV conviction and ensure the best possible outcome possible. If that case is dismissed she has an argument that the DUI probation should not be revoked and 30 days of jail imposed. She needs to consult with an attorney on both matters, but in particular the new DV offense.

  5. James Edmund Oliver JR

    Contributor Level 13

    Answered . If the witnesses show up for your gf's trial, she could be convicted. If the witnesses don't show, the odds of conviction decrease.

    Judges and prosecutors rarely care that the "victim" recants and later claims that nothing happened because every "victim" recants. That's why these cases rarely get dismissed without going to trial and forcing the prosecutor to have his witnesses appear. If the only witness is the "victim", and he doesn't appear, the prosecutor would likely have a difficult time proceeding. Of course, every case is different.

    Prosecutors will sometimes have "victims" arrested and forced to testify. This doesn't happen often, but it sometimes possible.

    You need to speak with a lawyer about your rights and obligations as a "victim".


    DISCLAIMER: This answer is provided for general educational purposes only. By using or participating in this site you agree and understand that there is no attorney client relationship between you and the attorney responding, and no attorney-client confidentiality. The law changes frequently, and varies from jurisdiction to jurisdiction. The information provided in this answer is general in nature and may not apply to the factual circumstances described in your question. The applicable law and the appropriate answer may be different in the State or States where the relevant facts occurred. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.

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