My fiancé has been charged with a Gross misdemeanor for domestic assault strangulation.
I have written to prosecutor , called police that he did not strangle me. The officer at time called to home lead me to say he choked me and now we are at this place. WE got an attorney but do not feel he did the best job- I would think if an attorney felt they could not take a case they would be up front with that Correct? My next question is - I have an opportunity to make an Impact statement is there a way by what I say can lessen the sentencing and get the DANCO lifted- is there a specific way I can write this statement to help the judge to see this is not a stereotype domestic case- The police prosecutor want to keep saying I am a victim and I am not - I am tired of being put in a box just because it is easy- Now that he has taken a plea I am not sure what else we can do we have 30 day before sentencing.
Hello. It is apparent you have strong and forceful opinions and stance with what's occurred.
In sentencing the court considers all that is relevant.
I do not understand you stating'we' have one att'y - just does not make any sense whatsoever.
You yourself have the right to secure an attorney to provide you with legal counsel & guidance: She can be at court with you at the sentencing hearing.
Be wary of 'free advice'.
Tricia Dwyer Esq
MINNEAPOLIS/ST. PAUL - ST CLOUD. This law firm may accept avvo posters as clients but this post is not legal advice and does not create an attorney-client relationship. This post is to be considered general information which may or may not apply to your personal situation. Please do seek private attorney counsel as to your personal legal issues and needs.
Depends on the type of plea your fiance took. If the sentence was agreed to as part of the plea then your statement won't have any effect. If it was a blind plea, where there is no agreed sentence, then it can have an impact.
Understand that it was your fiance's choice to take the plea. I don't understand how you're frustrated with the attorney for your fiance's decision. He had the option to go to trial and could've called you as a witness.
Also its not "we" who got an attorney. It was your fiance, and your fiance alone, who had an attorney. The attorney had no duty whatsoever to you and only cared about your fiance's best interest.
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