Domestic Violence & Civil Orders Cannot I handle the case like this without a lawyer?

[John_xyh]

Jurisdiction

New Jersey

My wife and I had a heated argument. Then I locked myself in my study room, while she was trying to enter my room, and I was trying to close out the door, back and forth several time, she claimed I kicked her. She called cops. They found the redness on her leg, and arrested me, and charged me for "simple assault".
My wife after the incident admitted to me that I didn't kick her, and she got the redness from somewhere else. She wanted to drop the charge.

Since we both know what we are going to do. She is very sure about what she is going to do. Do we need a lawyer for this case?

 

[justblue]

My wife and I had a heated argument. Then I locked myself in my study room, while she was trying to enter my room, and I was trying to close out the door, back and forth several time, she claimed I kicked her. She called cops. They found the redness on her leg, and arrested me, and charged me for "simple assault".
My wife after the incident admitted to me that I didn't kick her, and she got the redness from somewhere else. She wanted to drop the charge.

Since we both know what we are going to do. She is very sure about what she is going to do. Do we need a lawyer for this case?

You need an attorney. Your wife has no control over whether the DA decides to try you. They are quite used to victims of domestic violence recanting their statements and are quite capable to trying the case without victim cooperation.

Stop talking to anyone about your criminal case except your attorney.

If there is a Restraining Order (and I would be VERY surprised if there isn't one placed against you), STOP seeing and talking to the victim.

 

[John_xyh]

You need an attorney. Your wife has no control over whether the DA decides to try you. They are quite used to victims of domestic violence recanting their statements and are quite capable to trying the case without victim cooperation.

Stop talking to anyone about your criminal case except your attorney.

If there is a Restraining Order (and I would be VERY surprised if there isn't one placed against you), STOP seeing and talking to the victim.

No, there is no R.O. against me. Would that make any differences on your recommendation?

 

[justblue]

No, there is no R.O. against me. Would that make any differences on your recommendation?

Nope. You need a Criminal Defense Attorney, and you should only discuss the case with him/her.

Do NOT discuss this case with the victim...and frankly, if what you posted about her is true, you should stay far away from a person that is willing to lie to the police so that you are arrested and charged with a violent crime. Do not see them. Do not talk to them.

 

[adjusterjack]

Here's why you keep your mouth shut, though I suspect you talked way too much already.

 

[army judge]

Do we need a lawyer for this case?

We weren't arrested and charged with a domestic violence complaint.

However, YOU, YOU ALONE, were arrested, fingerprinted, photographed, and eventually allowed to bond out of a hoosegow.

Now YOU ALONE, are faced with defending yourself in a court of law.

Meanwhile, YOU can't resist to tiptoe around a "witness tampering" charge.

Domestic violence, even the MILDEST charge available upon conviction can cause your life to be changed irrevocably.

You might lose the right to even touch a firearm.

You might never be able to seek certain employment, promotion, or job retention possibilities.

Sooner or later, if not already, your story and mugshot will be plastered all over the world.

If I were wearing your shoes, I'd shut my yapper, plead NOT guilty, ask the court if I qualified for a public defender, and wait patiently but SILENTLY, to meet and speak with my public defender!!!

Meanwhile, I suggest stay as far away as possible from the victim, your wife!!!!!

 

[leslie82]

My wife and I had a heated argument. Then I locked myself in my study room, while she was trying to enter my room, and I was trying to close out the door, back and forth several time, she claimed I kicked her. She called cops. They found the redness on her leg, and arrested me, and charged me for "simple assault".
My wife after the incident admitted to me that I didn't kick her, and she got the redness from somewhere else. She wanted to drop the charge.

Since we both know what we are going to do. She is very sure about what she is going to do. Do we need a lawyer for this case?

You're entitled to a lawyer - and if you can't afford one you can file for a public defender or you can state you want to represent yourself.

It's ultimately up to the county attorney or DA whether they file charges or dismiss it. It doesn't matter what either of you "do." Even if she refuses to cooperate they can still investigate it. It depends on the prosecutor.

You should probably go consult with a lawyer, don't talk to anyone about it until it's done and not post anymore on public forums.

 

[flyingron]

DV crimes have serious implications even if they are only charged as misdemeanors. Do not talk to the police if they come asking (say you lawyer says no, he will for sure). If they press the matter with an arrest shut up and insist on an attorney, you'll need one at that point.