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