Q: I had a domestic violence incident and I told the police that he chocked me which he didn’t.
The police said I would have to talk to the prosecutor when we go to court. I’m worried that my husband will go to jail.
A: The best thing to do is to make sure both of you hire good lawyers to give him the best chance of getting the charges dismissed.
A:
My suggestion is that you speak with a criminal law attorney now since you are suggesting that the substance of your original police report and the contents of your domestic violence complaint may be false.
If you filed a domestic violence complaint based on a claim that your husband choked you, you have the right to revise your domestic violence complaint and change or add to the claims. The problem is if your husband was also criminally charged with assault as a result of the choking incident. That claim will be heard by a different judge and the consequences are different as well.
I'm not sure if you are saying that your husband did choke you, but you are now afraid of the consequences he will face or if you are saying that you lied to the police - but if you are fearful of your husband suffering criminal consequences and he really did choke you, then it makes sense for you to meet with a lawyer to discuss it and see if he and work out an arrangement with your husband and his lawyer and the prosecutor to explore anger management options instead of you suggesting to the judge that you lied.
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