Q: My wife and I were arguing one evening and our 14 yr old daughter called the police because our arguing was "annoying"
At one point I was walking away from my wife and she put her hand on my arm and said "honey please dont walk away from me, let's talk". I then pulled my hand from my pocket and my pinky finger got stuck in my pocket and i dislocated it. I popped it right back in place and put a splint on it....it was my fault i dislocated my pinky....well, they arrested my wife for assault!! They would not hear me out at all. Now she has a court date. This case should be thrown out!!! how do I get through to the states Atty that this case is an absolute mistake and should be thrown out?
A: Your wife needs an attorney and you should discuss this with her attorney. You cannot be compelled to testify against your spouse, but your daughter can. Your wife’s attorney can talk to the prosecutor.
A:
Your biggest problem will be the prosecutor's suspicion of your explanation - regardless of the truth of your explanation. Once you retain an attorney - your attorney can discuss the best way to approach the prosecutor - if you and your attorney decide that is the best course to pursue. Sometimes it is best to wait and discuss the case with the prosecutor on your court date - contact with the prosecutor ahead of time can result in the prosecutor paying attention to a case that might not otherwise be on the prosecutor's "radar."
No one right answer to your question - which is why you need to discuss your options with your attorney
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.
