Since December 17th I was charged with 2 domestic violence, unlawful restraint. They are violating me of my probation. The night this all happend my girl friend was drunk, and I was trying to help her home. Once we got home she left while I was in the bathroom. I was shocked because he werent arguing the whole night, I call her phone and get no answer, I was worried about her because she had quite a bit to drink that night. After an hour she tells me she is with her ex lover, and she is at her friends house. She agreed to talk to me in my truck, after talking she agreed to go back home, because we have two kids to take care of. On the way home we start to argue a little she jumps out the truck. The police came to my house saying i was hiding. What will happen if i plead not guilty?
Criminal Defense Attorney
If you plead not guilty to the probation violation, they will hold a hearing to determine if you violated the conditions of your probation. If you plead not guilty to the new charges, you are entitled to have a trial where the DA would have to prove your guilt beyond a reasonable doubt.
All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. For a privileged private consultation, contact me at 212-385-8600 or via my website www.reasonabledoubtny.com
Family Law Attorney
I had a similar case years ago when I did occasional criminal defense work. Do not speak about your case to anyone even on this anonymous forum. If you cannot afford a lawyer, then of course you will be represented by the public defender. It is implied that the girlfriend reported the incident, and there is very likely an Order of Protection. Comply with this order. Stay away from this person. Sadly, it seems, this person is not really your friend if the facts you have given are accurate.
The information provided here should not be construed to be formal legal advice. The provision of this general advice does not create a lawyer-client relationship. Persons with legal questions are encouraged to seek independent counsel for advice regarding their individual legal issues.