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Why would an attorney ask for a capias but also ask for the court to not execute a guilty finding in a domestic assault case?

Chesapeake, VA |

My husband was arrested for domestic assault and battery a few months ago. He recently pleaded guilty in order to get the First Offender plea agreement. The conditions of his plea agreement and probation were to take anger management classes and have no hostile contact towards me. He assaulted me a few days later after pleading guilty and was arrested for assault. My attorney is now making a motion for a capias due to him violating the agreement but is also asking the court to not execute the guilty finding.

Attorney Answers 3


Maybe he meant to revoke the probation? I'm not sure. You should ask your attorney.

This is a general discussion of legal principles by a Louisiana lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like this site, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.

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Your lawyer is executing a strategy and you should ask him to explain. I expect that he will let you know why he did this.

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If you are the victim you don't have an attorney in the criminal case. You must be referring to the Commonwealth's Attorney. A capias was most likely issues for his failure to comply with the terms of the probation. As for the reasoning --- you have to ask the Commonwealth's Attorney.

Good luck.

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