I was arrested for Assault 4 (DV) after getting into a very heated argument with my wife. I had grabbed her by the back of her neck and threw her on our bed three times. When questioned by the police I admitted this. I have never been arrested for any type of a crime against a person (only a DUI) six years ago. I am worried about conviction as I readily admitted what I had done. If convicted I lose my right to carry a firearm and will lose my job as I work in law enforcement. I am wondering if I would make a candidate for a diversion program for DV so I can have this case ultimately dismissed and try to re-build my marriage.
If you're facing a criminal charge, you need to consult in private with a criminal defense attorney immediately. You must not discuss this with anyone else until you do. That includes discussing it on the internet, and it especially includes talking to the police. DO NOT TALK TO THE POLICE. If they try to talk to you, you must say "I'm sorry, but I don't want to answer any questions or consent to any searches, and I'd like to speak to a lawyer, please." Or, if you want to be technical, say "I'm invoking my right to remain silent and my right to counsel." Say that, ONLY that, then STOP TALKING. In this particular case, it sounds like it's already too late for that; so let this serve as a warning to others: If you make statements of this sort to the police, you are likely to lose any chance of a defense. You will need to consult with an attorney to see whether there is any way to get these statements suppressed.
Talking to the police without your own lawyer present can never, ever help you. The police are allowed to lie to you and trick you to get you to make self-incriminating statements. They can misrepresent what evidence they have. Or they will say, look, I'm sure this is all a misunderstanding, why don't you tell me your side of it - and then you'll say something they can use against you, and lose any chance of a defense. Do not fall for it. Do not talk to the police. Ask for a lawyer. Stop talking. Have I made myself clear?
Why do you need a lawyer? Only a lawyer can hold the police accountable for statements they may make to you about what evidence they have, or don't have. If you say one thing about a conversation, and a police officer says another, who do you think the court is going to believe? The police officer who's been on the force for ten years, or someone who's accused of being a criminal? People always believe officers above ordinary citizens (even though officers lie fairly commonly), if only because officers tend to be more coherent and articulate in their presentation. Only a lawyer can be sure of getting access to evidence the police hold that might help you. And only a lawyer can tell you what it's safe to say, and when you need to keep your mouth shut (answer: most of the time; but it's impossible to give specifics without being there). You have the right to be appointed a lawyer, at taxpayer expense, if you're charged with a crime. There is no reason not to ask for one.
As I said, in this case, it may be too late for a defense if you already confessed; you should discuss this with your attorney. At the moment, the loss of your marriage, your firearm privileges, or even your job, is the least of your worries; you could be looking at serious jail time for this, as you should know if you work in law enforcement. Quite frankly, if you're the sort of person who physically assaults your wife, in any sort of argument, I don't think you should be working in law enforcement or carrying a gun.
Please read the following notice: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and are not intended to constitute legal advice, create an attorney-client relationship, or solicit business. No posts or comments on this site are in any way confidential. Each case is unique. Information not contained in these posts may create significant exceptions to the advice provided in any response. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br>
Consult an attorney privately. Do not post anymore details online. Ours is a SMALL community and it isn't hard to match facts with the person. Talk only to your attorney about this and not anyone else. No emailing, posting, or texting. I wouldn't even talk about it with anyone. Seriously. If you are in law enforcement you know there are many steps to this process. Work them through with your attorney.
Legal analysis is highly case and fact sensitive. Incomplete or inaccurate information may dramatically change the answer. All answers provided are based on the information available. The answer is not intended to be relied on as legal advice. If you have a legal question you should consult an attorney by phone or in person. Initial consultations are often provided by practitioners at a reduced rate and can greatly inform your course of action. Also please note that there are statutes of limitations the limit your ability to proceed with certain legal claims and enforcement of rights if too much time has passed.
You need to talk to a criminal defense attorney immediately. Whether your eligible for a diversion program will be dependent on the county's program availability and the district attorney's position. Don't post any other details online. Remember, anything you say can be used against you .... you just posted your story on a public website.
I am licensed to practice law in Oregon only. If you are seeking legal advice, please contact my office to schedule a consultation to discuss the facts of your case. Any comments made through Avvo are based on the very limited information provided and should not be construed as legal advice or the establishment of an attorney/client relationship.
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