Criminal defense

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ireneha97

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My husband is in jail accused to domestic violence. I'm the "victim." The cops picked me up from work :cussing: and held me for 8 hours (8-6pm) while they waited for me to talk to them they arrested my husband (around 4pm).:angryfire I wasn't recorded or videotaped saying anything I also didn't sign anything. I don't want to press charges, but the state is.
Can I write a notarized letter to the judge or prosecutor saying that my husband needs rehab/therapy counseling, which is what the prosecutor said she was going to do (offer)? The prosecutor has yet to do so...trying to charge him some more.:mad: Can I also tell them that I don't want to pursue this?:confused:
 
ireneha97 said:
My husband is in jail accused to domestic violence. I'm the "victim." The cops picked me up from work :cussing: and held me for 8 hours (8-6pm) while they waited for me to talk to them they arrested my husband (around 4pm).:angryfire I wasn't recorded or videotaped saying anything I also didn't sign anything. I don't want to press charges, but the state is.
Can I write a notarized letter to the judge or prosecutor saying that my husband needs rehab/therapy counseling, which is what the prosecutor said she was going to do (offer)? The prosecutor has yet to do so...trying to charge him some more.:mad: Can I also tell them that I don't want to pursue this?:confused:
Click to expand...

Why did the police "pick you up" from work? Randomly? Did you call them? Tell someone that your hubby assaulted you?
 
They picked me up from work becuase they believe it was my husband who assulted me and they wouldn't let me until i told them he did. I didn't call them the cops, but my husband has a record and my family tells lies about him cause they don't like him.
 
All you can do is go to court and tell the truth about the incident. You can offer your wishes to the prosecuting attorney and, perhaps, if this is a first offense for DV they can mandate he has rehab and anger management.

A notarized letter to the judge will likely not be considered as it is an ex parte communication, and the DA would likely prefer to speak with you in person rather than receive your letter.
 
Lots of info missing.
The state can pursue charges without your consent.
If your husband has a record, depending upon what that record includes, it is understandable why they would want to purse charges on a felony offense.
You can certainly voice your wishes to not proceed. That won't necessarily stop them, but it is something a prosecutor would have to consider if the matter is going to actually go to trial.
You have a long way to go before that though.
 
I don't know why people continue to speak with the police.
People are under no obligation to say anything to the police (other than to properly identify themselves under certain situations).
Once that is done, you're better off shutting up and saying nothing.

The best thing you can do for your husband is shut up.
If you say nothing, nothing can be eventually be disproved.
If you say something, and your husband eventually admits to this, you could be facing legal issues.

You broke, OP, so will he.
Hubby's NOT in jail because of the cops, but because you said he "whacked you
around".
Unless you're a "special ops" type or a hardcore felon, most people crack or get cracked.

You aren't aware of it, OP, but even in your denials you give the prosecution ammunition.
You say hubby did nothing, and go on to say "he needs help and rehab".
Do you think that helps him?

Say nothing, nothing to the police.
All it takes is a little something to be twisted and used against you or someone else.
Lawyers and the police are well versed in using anything that you say against you.
 
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Of course, saying nothing will mean he gets no help. And, of course, since she already HAS said something, she cannot unring that bell. Certainly, she can risk jail and ignore a subpoena, she can even risk jail by lying on the stand. But, if she does either of those things, she forever gives control to her abuser and the odds of her ever relying on the police for most anything will be greatly diminished.
 
mightymoose said:
Especially right after being told that they don't have to.... what dopes :p
Click to expand...

Some sheeple make your job very easy.

Those same sheeple give a defense lawyer ulcers.



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