Q: I got a domestic batterycharge but me and wife just got in a argument i never put hands on her and she told cops i didnt
She just called the cops just wanting them to calm me down but i got arrested and charged with domestic battery 3rd plus we had 3 people as witnesses and still spent the weekend in jail we were just arguing my wife and the witnesses told them several time i never put hands on been married 21 years i have never put my hands on her .. is this considered false arrests.. plus i got a public intox charge cause i was on our closed in front porch i never stepped outside do i need to hire a attorney i pled not guilty so the final court day is 7 days away.. i have a clean record i never been in trouble..
You need a lawyer for sure right now! This is a Class A Misdemeanor in Arkansas. You could receive a sentence in the county jail for one year and a fine of up to $2,500.00. Depending on the lawyer you hire and the Judge, you could have the case dismissed or spend some time in jail. Your lawyer will review the police reports to see why they arrested you. Typically, to make such an arrest, the police must see some physical injury on your wife or she was in fear for her well-being. She called the cops. The cops will consider that she was afraid. Alcohol is involved in most of these type of charges so you had one point against you when the police arrived.
Your wife called the cops to make you a nice drunk guy. Cops don't show up to help drunk people. They take them to jail. They are usually called when someone hears yelling and fighting. Being on your front porch could be considered "public" if you live in an apartment. If you are in your closed-in porch of a house, it may still be considered public.
A criminal trial attorney will help you sort it out. You should expect to pay between $1650 and $2500 for an attorney. Get one who will answer your calls and return your emails. Your lawyer will continue the case to allow sufficient time to review the state's case against you. Don't get too upset at this taking some time. Passing a case for a while allows witnesses to disappear and evidence to go away.
Stewart Whaley agrees with this answer
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.