TRUTH: She was drunk, we argued, she blocked me from leaving and grabbed me, shoved me very hard and I pushed her off and left. Her friend in Nevada called the cops repeatedly for a welfare check. She had bruises from mock sparring 1 week prior, CONSENSUAL. Cops took pics of HER bruises. I had a bruise from the actual fight, no one called me. Next night, cops followed up for 5 mins, then left. 2 weeks pass, they come and tell me there's a warrant (LIE), arrest me. They say probable cause, etc. What about ME? Offered my TIMESTAMPED PHOTOS. No one cared. Bailed out. Court date, no charges filed. Case in review. No prior criminal record, diagnosed with PTSD and Schizophrenia after honorable Army service. M. Ed candidate trying to get clearance. Why didn't they get my statement @ 1st followup?
Mr. Marshall's answer is spot on.
So, on another note - You and your wife need some couples counseling. Given the state of the VA today, I suppose it's anyone's guess how soon you could get help through them. You can't let this state of affairs continue. If you have been diagnosed with these mental disorders, I would certainly hope you're being treated for them. If not, START. If you are, ask your mental health professional to make a referral for you. The school you are attending may have on-campus counseling available for students as well.
You probably understand that generally, a clearance-applicant's mental health records are subject to review by the clearing agency. This depends on the agency: DoD is different from the Dept of the Treasury, for example. You cannot afford to have convictions for violence which could be attributed to your perceived lack of coping skills.
So please nip this in the bud - both you and your spouse.
First of all, it's a really bad idea to post so many specific details of a potential criminal case on the Internet where everybody can read what you've written. Remember the right to remain silent the cops told you about when you were arrested? It's meaningless if you don't exercise it.
The cops probably think they have enough information, so they didn't bother with followup questions. If they contacted you a second time, they may have gathered more incriminating evidence.
In a felony case, the DA has up to three years to file charges. In the end, the truth is whatever a jury decides it is.
Stop posting on the Internet and arrange a confidential consultation with a lawyer in your area.
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.
You probably need to consult with an attorney. If the police have a "warrant" then charges have been filed already. Otherwise the police reports will be sent to the district attorneys office for review. An attorney can contact the DA who is reviewing your case and try to give them your side of the events and talk them out of filing charges. Depending on who the DA is, they may be willing to listen. It sounds like you have a lot at stake and it would be worth it to get good advice and representation.
Any thing you tell your attorney is confidential.
You should consult with a local criminal defense attorney or ask the Public Defender for representation.
As mentioned by a colleague, making statements of fact on a public website is not a good idea as it can possibly be used against you. Be careful!
Friend, stop posting such explicit details on a public website. Get thee into an attorney's office in your area for a private and confidential consultation. You are not out of the woods yet. Before you go meet with an attorney, contact AVVO and ask them to delete your post. Thank you for your service, now it's time to exercise those rights you were fighting to defend. Remain silent. Retain counsel. Best wishes.
San Diego Criminal Defense Attorney--20 years experience
You could benefit from meeting with an attorney to discuss further. Even if you decide not to hire the attorney the consultation with him or her could help you to understand the issues and your options. I have operated offices out of Beverly Hills, Century City, Los Angeles and Long Beach. While I can't speak for the other counties I do know that many reputable attorneys in Los Angeles County offer a free consultation. I wish you the best.
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.
Contact a lawyer in your area. They can take over contacting the DA on your behalf to determine the status of the case and begin giving you advice. There are many options available to veterans that are not available to the general public. Hey have one year to file a misdemeanor and three years to file a felony.
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