About 8 months ago my bf started doing meth, since then he has become aggressive and becomes easily agitated. His family and I have tried numerous times to get him help but it hasn't worked. He has no prior convictions or criminal record. He suffers from anxiety so is scared to be in treatment. He was arrested a few days ago and they're trying to charge him with felony DV. I don't want him to go to jail because I believe what he really needs is some form of diversion program or rehab. Before the drugs, he was the complete opposite of what he's turned into. I just feel he deserves a shot at turning his life back around rather than to be thrown in jail with no second chance. I understand what he's done is wrong and inexcusable, but I also believe with the right help he can get better.
There is no way a stranger on the Internet can give you a meaningful assessment of the outcome of his case. This is not some DIY project you can handle with information from a website. He needs a lawyer, whether that's someone he hires or a court-appointed Public Defender.
If you want to help him, STOP posting details on the Internet and contact his lawyer. You are not obligated to talk to the police or anyone else, although you must show up to court if you receive a subpoena.
Remember, his calls from the jail are recorded. I have seen many criminal defendants convict themselves by saying too much on those recorded calls. DO NOT talk to him about the case on the jail phone, and tell him he should keep his mouth shut while he is in custody.
I offer free consultations to potential clients with criminal matters within 100 miles of Chico, California. If you're outside that area, please use the comments section or post another question on Avvo. This is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship.
Often the DA charges a felony if there is any injury at all. If the injury is minor, it may result in a misdemeanor. He will be on DV probation and probation will deal with his drug problem.
This answer to the question is for informational purposes only and does not establish an attorney client relationship. You should consult an attorney with the particulars of your case.
If you want to help your boyfriend, you need to either, speak with his public defender and understand the case, better than you do now, or retain an expert criminal defense attorney, who will fight for your boyfriend. Many attorneys offer FREE consultations so make a call. I hope that helps to give you direction..... David Wallin
Does the victim wish to pursue the matter? If so, then he's going to need a great attorney. If not, then the victim is going to need an attorney. Good luck.
The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.
The chances of the charges being reduced from a felony to a misdemeanor totally depends on the facts of the case, the strength of the evidence the prosecutor has and your boyfriend's record. I hope you have an opportunity to speak with the prosecutor handling the case to express your concerns as well as your boyfriend's defense attorney. I hope he gets the help he needs and that you continue to protect yourself.
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