He has previous domestic violence charges and they are trying to give him a strike and they're gonna offer him 4 years. I do not want this to happen. It was just a case of arguing. Someone called police and I made a report and he was arrested. He did scare me but he did not hurt/injure me in any way. Public defender is being no help in this.
My favorite AVVO question: Can we fight this? OF COURSE you can fight this. You reported your husband for domestic violence, but he didn't hurt you? Why did you report anything then? This is so typical. I'm confident the public defender is helping more than you realize, but he/she might not have much to work with. Put some skin in the game and retain a private attorney if you wish, otherwise, find a way to work with the public defender and be thankful for the government-funded attorney you've been provided. What exactly would like to see the lawyer do? For that matter, do you have any idea what the attorney is doing to prepare a defense?
San Diego Criminal Defense Attorney--Former Prosecutor--20 years experience.
You can fight the charges. Your husband needs to schedule an appointment with his public defender and advise him that you do not want to prosecute the case. You can provide his attorney with an affidavit of statement about the facts as well that might be helpful. If he is not satisfied with his public defender, he can hire a private criminal defense attorney.
The response I have provided is general in nature, and does not create an attorney-client relationship. My practice is based in South Carolina and Ohio, and the law and practice in other states or jurisdictions may be different. less
You can certainly fight the charges, however, it's impossible for the DA and the police to forget what you said when they took the report. You may have calmed down now and decided it wasn't quite so severe, but you flipping and trying desperately to help him is only going to be seen (by everyone in court) as a typical battered woman response. The best thing you can do to help is acknowledge your part in the incident and go get some counseling. They usually refer you to an empowerment-themed class for victims of domestic violence. That would at least show people you are doing something to make sure it doesn't happen again. They'd be more likely to listen to your requests that way. Good luck
This is a very complex area of the law. You should consult an experienced lawyer in your area. There will be much pressure upon you to testify at your husband's trial. However, you should seek advice about what happens if you refuse to testify (against him) at trial, that is, if you refuse to testify at all. Seek out this advice.
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