Q: I am potentially facing a second domestic charge. The first was 12 years ago I completed the first offenders program
My previous charges are exsponged. Will I likely face jail time? I am assuming DV and possibly strangulation charges are coming but have not yet been contacted by police. There was destruction of property by both parties and the alleged victim also stole a number of goods from the home we shared?
A: If you went through the first offender’s program, your charge was li8kely dismissed not expunged. For a charge to be expunged, you need to brin g an application for expungement in Circuit court. Thus, thes prosecutor will know that you had a prior domestic violence charge and now you have caught a second. You definitely need to hire a local, experienced criminal defense attorney. A charge of stangulation is a felony.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.