Q: My husband in jail for dv but I didn't press charges. But state pick up. is he goin to get a long time?
The police ask me a domestic violence questionnaire paper n I answer no to all of them n ask if I want to put a po on him n I said. So what will be his chances. N I want him back home.
A: The general principle is that you are merely a witness at this point in time. The fact that you do not want to press charges is not relevant. You have no control over the prosecution of this matter. A subpoena will be issued for your appearance at the time of hearing. Speak with somebody in your community who is familiar with the practices of the prosecutor's office as to whether the case would be dismissed if you do not show up. If a subpoena is issued and you do not show up, you could be held in contempt of court and subject to arrest. That is why you should speak with a criminal attorney in your area to find out the practice of the court and/or prosecutor's office.
A: The amount of jail or prison time your husband will receive is ultimately up to the court. However, it also depends on how the Domestic Violence case was charged. A 1st offense the maximum penalty is 93 days jail. Aggravated Domestic Violence is punishable by up to one year jail. Prior convictions for Domestic Violence can further increase the penalties. If there are 2 prior convictions the prosecutor can charge as a felony punishable up to 5 years in the Department of Corrections, i.e. Prison.
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