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?

Asked 2 months ago - 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)

  1. Mark Steven Paullin

    Pro

    Contributor Level 14

    2

    Lawyers agree

    Answered . 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.

  2. Adam Michael Carroll

    Contributor Level 9

    1

    Lawyer agrees

    1

    Answered . 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.

    The information contained in this message is for general informational purposes only. It is not intended to be... more
  3. Jerome Weldon Matthews Jr

    Pro

    Contributor Level 12

    2

    Lawyers agree

    Answered . 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... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,273 answers this week

3,042 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,273 answers this week

3,042 attorneys answering