Back in january i was arrested for a DV case against my wife. She reported to the sherriffs department days later after the incident. I did not assault her with a weapon but she told sherrifs office i did. I do admit to the battery not the assault. its her word against mine. the only evidence in this case is a picture of a barely noticable mark on her arm. I am facing serious charges at first my lawyer thought he could knock the aggrevated weapon down but today at my hearing it seems like its impossible. How could someone be charged with such sentence if there is NO EVIDENCE!? What should i do?
You should have a heart to heart with your lawyer about why the State is still proceeding with the aggrevated assault. If you don't get the answer your looking for you should contact a private attorney who will sit down and carefully explain your situation. If you are in Broward county, your Judge is Cohen. He is no nonsence. It is best you speak with your lawyer immidiatly or move on. Review my website to see if it answers any questions you may have.
Her testimony is evidence. The picture is evidence.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
Work with your lawyer to prepare for trial.
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Wife's statement is evidence. Period. Her testimony may be backed up by the timny barely noticeable mark. The suggestion re a heart to heart talk is a good one.
The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.
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