Luke Neuville's answer So you may have some defenses/legal challenges available but each case must be reviewed independently. You have the right to review all evidence against you and file Omnibus motions to challenge the admissibility of evidence in your case. Of course you have the right to a trial as well. I would suggest contacting an attorney that gives free consultations to discuss the circumstances of your case.
Luke Neuville's answer Two types of misdemeanor domestic assault: intent to cause fear of immediate bodily harm and intentionally causing bodily harm. You and your wife will most likely need separate attorneys but as the defendant it is much more important for you to retain an attorney.
Luke Neuville's answer Yes, he probably needs a lawyer. Domestic assault charges conviction can have serious immigration consequences. Call an attorney that gives free confidential consultations to discuss further.
Luke Neuville's answer Where you arrested and taken to jail or police station? Underage drinking and driving is a misdemeanor, which means up to 90 days jail and $1000 fine. If you’re interested in a plea bargain, often you can negotiate a result with little or no jail, and a lower fine.
Luke Neuville's answer Yes, you should try and fight it. You are presumed innocent and the state will be required to present evidence at trial in order for you to be convicted. Call a few lawyers that offer free consultations to discuss your case.
Luke Neuville's answer You’re not required to have a lawyer but I would recommend it. When your petitioning the court for an OFP you must prove that domestic abuse has occurred by a family or household member. When requesting an OFP on behalf of a minor child, you must show abuse against the child as well. It is helpful to have an attorney assist with cross examination and presenting the legal arguments to the judge.
Luke Neuville's answer It might be helpful to talk to a criminal defense attorney before your next court date. You may have defenses available to raise in court. Most of the time it’s helpful to have an attorney to negotiate with the prosecutor as well.
Luke Neuville's answer Generally, yes, you can get a restraining order or order for protection if there is physical abuse. If the court grants your request, no contact with your residence could be included. If there is physical assault or more than one incident of intrusive or unwanted acts that have a substantial adverse effect or are intended to have a substantial adverse effect on your safety, security or privacy, the court will consider your request. Having experienced legal counsel will be beneficial in this...
Luke Neuville's answer Generally no, when you pay a fine or citation it is considered a guilty plea and you waive your right to a trial. The scheduled arraignment should be automatically canceled. In limited circumstances, you can withdraw your guilty plea after paying a ticket. For more information, contact Neuville Law Office at 612-293-6654 or visit neuvillelawiffice.com.
Luke Neuville's answer Yes, you can always fight your criminal charges/citation. Generally, the state is given three years to prosecute most misdemeanors and some felonies. Mailing to incorrect address and returned to sender may not be sufficient to get a charge dismissed, but there may be other issues you can raise in your case. Good luck!
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