Q: Last June my husband and i got into a disagreement. I left and went to my mom's. The neighbor had called the police.
He told Them where to find me. When they arrived, i was so upset and so angry and just started talking as of i were talking to my brother, not realizing A. That i was giving a statement, even though i never submitted a written one and B. That if i say one thing, they are required to take it a specific way. Now we have had a no contact order ever since which means i have not been able to talk to or see my husband, and he hasnt been able to help me with our home or children (ive been a stay at home mom for almost 9 years) and they are taking it to trial and hes looking at his 2nd offense (first one was way before me) but i don't know what i can do, he does not deserve jail and my family doesnt deserve to suffer anymore.
A:
You're in a tough spot. As you've seen, the prosecutor can use your statements made to police that day. Once the police get involved, things are then out of your hands. With this being his second offense, it does not surprise me that the prosecutor will want to try this case, or at least be reluctant to offer anything other than a plea to the second offense. The reason being is that if he ever picks up a third offense, it will be a 5 year felony.
If your concern is about jail time, you should communicate that to the prosecutor's office. You may also communicate your desire not to be subject to a no-contact order any longer.
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.
