Sorry to hear about your husband's legal woes. Here's how things are going to go down:
Arraignment: The court must arraign your husband within 72 hours of his arrest. This is his chance to enter a plea of not guilty. The court will order conditions of release which will include a no contact order with you. I don't know whether Lacey, or Thurston County District Court has a specific bail policy for DV cases. Some courts set minimum bail amounts ($500-$750) for Assault 4 DV and similar cases.
No Contact Order (NCO). The NCO will prevent all contact between you and your husband. He cannot contact you directly, indirectly, or through third parties. He can’t call you, write you, text you, FB post you, etc. The two of you will have to live apart until the NCO is withdrawn.
Assigned Counsel. Your husband will be screened for a publicly funded attorney at the Arraignment. The court will look at his income and expenses and determine whether he should be provided an attorney at public expense. There are some fantastic Assigned Counsel lawyers out there. The biggest difference, on average, between private and public attorneys is caseload. Private attorneys generally handle fewer cases at any given time. That means that we can spend a little more time returning calls and holding hands.
Bail. There are a couple of ways to post bail. You can use a bail bond company which will charge you either 10% of the bail amount, or $150, whichever is more. So on $750 bail you would pay a bond company $150. You'll never get that money back. An alternative is to post the entire bail amount with the court where your husband is charged. When your husband’s case is done, you’ll get all the money back from the court.
Pre Trial Conference (PTC). At the Arraignment the court will set the PTC. The PTC is generally set within six weeks of the Arraignment. If your husband is in custody at the time of his Arraignment, the court will probably set the PTC within the next couple of weeks. The PTC is your husband’s first chance to negotiate a settlement of the case with the prosecutor.
Settlement Negotiations. After we receive police reports and a copy of the 911hangup, we would meet with your husband to go over all the evidence the prosecutor wants to use against you. After that meeting, we would meet with you to discuss your possible testimony.
Many of these cases end in a dismissal. Unfortunately, during the case you and your husband will have to live apart. Feel free to call me on my cell phone at 253-592-2812
Since he is in jail and you have information that will help him you need to talk to an attorney now. Or you wait until he gets appointed an attorney if you don't have the money to hire a private attorney. Call me if you want to ask specific questions. Or call an attorney in your immediate area
Get a lawyer. Go to court on Monday with a lawyer. This is important.
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Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex Offenses, SORB, Crimes involving Violence or Theft, Domestic (Divorce, Child Custody, Alimony and Child Support) and Family Law (Modification, Contempts & Paternity), Juvenile Law, Domestic Violence and Restraining Orders, Business Law, Personal Injury claims, Probate Law (Guardianships, Conservatorships & Estate Administration) and Legal Malpractice. For these and other areas, contact me. NOTE: This preceding message DOES NOT create an attorney-client relationship. It is not a protected or confidential communication. The statements made herein are not to be interpreted as representations or warranties of any kind. No reliance should be placed on the statements made herein. It is recommended that the recipient(s) should undertake their own research to reach their own opinion. The writer does not accept professional responsibility on this matter. TO CREATE an attorney-client relationship REQUIRES a signed retainer/fee agreement along with a retainer fee that must be received by my office.
Well, you've learned a hard lesson, I hope. Do not call the police because you are angry or startled. Do call them if you are in danger. Once police are called, you lose control of the situation. They are trained to look for evidence of a crime and someone they can call a criminal. They arrest criminals. They do not mediate family disputes.
I hope that this can be worked out. It will best be worked out with your husband having a good local criminal defense lawyer.
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