Bay Saint Louis, MS asked in Criminal Law, Domestic Violence and Military Law for Mississippi

Q: The state of MS pressed Domestic Violence Simple Assault charges on my Fiancé after police were contacted.

I did not contact cops. My fiancé does not have a criminal history other than traffic violation (speeding ticket). I do not have the desire for him to be convicted, but at the initial hearing he was advised a second hearing would have to occur in September and I am possibly being subpoenaed, as the victim is it advised for me to hire an attorney to retract statements in order to have the case dismissed? Since we have mutually decided to be together, is there a mutual attorney law we can abide by? The police did collect pictures regarding bruises, marks, and my finger being cut open from the situation. He did not have any marks on him accounted for from what I know. A protection order was placed by the state but it was dropped the day of his initial hearing and we have been together since. Please advise, as this will effect not just his life but the life we have both worked to create together. He is retiring from the Navy in July

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: It's important to understand that once the state has pressed charges, the case is out of your hands. The prosecutor will decide whether to proceed, and your desire for dismissal may not change their decision. However, hiring an attorney can help you navigate the legal system and ensure your voice is heard.

If you are subpoenaed, you are legally required to appear in court and testify. An attorney can advise you on how to handle your testimony and what your rights are in this situation. They can also guide you on how to communicate effectively with the prosecutor.

Since the protection order has been dropped and you are still together, it's crucial to be cautious and follow any legal advice closely. This situation can have serious consequences for both of you, especially with his upcoming retirement. Legal representation can provide the support and guidance needed during this challenging time.

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