Q: Will i be sentenced to jail time?
Im facing domestic assault charges for hitting my mom while being intoxicated. It resulted in her having a black eye. Its my first offense and i was just bonded out by my husband after serving 8 day in jail. All my mother wants is for me to receive some kind of help not receive jail time. Ive heard she can not dismiss the charges and ive heard if she doesnt show to court it will be dismissed is this true? At my areignment i was appointed a public defender but then bonded out so does that mean i no longer have an attorney?? Im needing help on these do i need a lawyer if my mom and i are willing to resolve this? What should i do?
A: You should be able to keep your Public Defender, however, if you posted a large bond, the Prosecutor or even the Public Defender could file a motion to be relieved from your case. Only if that occurs, will you have to retain Counsel to represent you. Because you are a first time offender you may qualify for Judicial Diversion which is probation for 11 months and 29 days to get this charge off your record. Be aware that Diversion comes with costs and fees that you will be responsible for paying. The purpose and goal of Diversion is getting the charge off your record at the end of the probationary period. You shouldn't focus on your Mom not appearing in court and the case getting dismissed, as you say your Mom wants you to get help, so the only quick means of getting the charge off your record, would be for your Attorney to negotiate you taking Anger Management classes and hopefully a dismissal of charges at that point with court costs. But any negotiated agreements would have to be ok'd by the Victim and agreed to by the State. Be aware that cases set for Trial or Preliminary Hearing are dismissed if the victim doesn't show up, but that doesn't necessarily mean the case is over. The State could very well indict you on the charges, which sends the case to Criminal Court where it starts anew. Good Luck!
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